Asutosh Singh @ Singh Asutosh Kumar Vs State of U.P. Thru. Prin. Secy Home Lko.

Neutral Citation No. - 2025:AHC-LKO:15991

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 310 of 2025

Applicant :- Asutosh Singh @ Singh Asutosh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy Home Lko. Counsel for Applicant :- Vinod Kumar Singh,Bal Keshwar Srivastava,Pankaj Dheer Singh Rana Counsel for Opposite Party :- G.A.,Ambrish Kumar Dwivedi,Shadab Waheed,Syed Raza Mehdi

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Bal Keshwar Srivastava, the learned counsel for the applicant, Shri Ambrish Kumar Dwivedi, learned counsel for the complainant/ informant and Shri Anurag Verma, the learned A.G.A.-I for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 464/2024, under Sections 108 of B.N.S., Police Station Ghazipur, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.10.2024 against three named persons, including the applicant and two unknown persons, stating that the informant's daughter was studying medicine by staying at Indira Nagar, Lucknow. She had told the informant on several occasions that the applicant and co-accused Rahul Nishad and two other persons used to harass her and they were threatening to blackmail and kill her. The accused persons killed the informant's daughter after 7:00 P.M. on 20.10.2024.

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The post mortem examination report mentions a ligature mark around the neck of the dead body which was intercepted by 5 cms and cause of death has been Asphyxia.

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In the affidavit filed in support of the application, it has been stated that the applicant is a young man having no criminal history and he has been falsely implicated in the present case.

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The State has filed the counter affidavit annexing therewith copies of material collected during investigation.

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The deceased had recorded a video message just before committing suicide wherein she stated that she was mentally disturbed and, therefore, she was committing suicide out of her

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own free will.

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It is recorded in the case diary, the relevant portion whereof has been annexed with the counter affidavit, that the deceased used to chat with the applicant and co-accused Rahul Nishad and some messages indicate that the victim had declined to meet the accused persons and the accused persons were pressurizing her to meet them. The victim had sent a message that she was going and the accused persons should be happy because of her hanging.

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The investigating officer has recorded that after seeing the CCTV footage and going through the chatting it is established that the deceased committed suicide because of the pressure exerted by the accused persons.

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Having considered the aforesaid facts and circumstances of the case, prima facie, it appears that although the accused persons were pressurizing the deceased, it does not appear that they had abetted her for committing suicide. However, it is clarified that the aforesaid observation has been made with the object to decide the bail application and it will not affect the outcome of the trial.

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Keeping in view the aforesaid facts and the fact that the applicant is languishing in jail since 22.10.2024, this Court is of the view that the aforesaid facts make out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant- Asutosh Singh @ Singh Asutosh Kumar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 19.3.2025 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Asutosh Singh @ Singh Asutosh Kumar v. State of U.P. Thru. Prin. Secy Home Lko.

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Asutosh Singh @ Singh Asutosh Kumar v. State of U.P. Thru. Prin. Secy Home Lko.

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