Jogindar Nishad vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:50004

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3375 of 2025

Applicant :- Jogindar Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Shashi Shekhar Maurya,Shivam Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed by applicant is taken on record.

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Heard Sri Shashi Shekhar Maurya, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 1169 of 2024, under Sections 85 and 108 BNS, Police Station- Gulhariya, District- Gorakhpur, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, applicant is husband of the deceased and as per allegation, due to his torture his wife committed suicide but entire allegation levelled against the applicant is totally false. He further submitted that even from perusal of the FIR, it appears that it is based on vague facts. He further submitted that there is no cogent evidence of abatement against the applicant on record.

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He further submitted that actually, financial condition of applicant was very poor and therefore, his wife committed suicide.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 30.11.2024.

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Per contra, learned AGA opposed the prayer for bail and submitted that applicant is the husband of the deceased and as per allegation, due to his torture his wife committed suicide but could not dispute the fact that from perusal of the FIR, it reflects that it is based on vague facts and applicant is not having any criminal history and he is in jail in the present matter since 30.11.2024.

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I have heard learned counsel for the parties and perused the record of the case.

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However, applicant is the husband of the deceased and as per allegation, due to his torture his wife committed suicide but it appears, there is no cogent evidence of abatement against the applicant on record.

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Further, reason of suicide given by learned counsel for applicant during the course of argument cannot be completely ruled out at this stage.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 30.11.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Jogindar Nishad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 7.4.2025/KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Jogindar Nishad v. State of U.P. and Another

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Jogindar Nishad v. State of U.P. and Another

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