Atbal Alias Kallu vs State of U.P.

Neutral Citation No. - 2025:AHC:25235

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3471 of 2025

Applicant :- Atbal Alias Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Shri Anil Kumar Tiwari, learned counsel for the applicant and Shri Santosh Pandey, learned brief holder for the State.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.85 of 2024, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Erach, District Jhansi, during pendency of the trial in the court below.

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Learned counsel for applicant submits that applicant is Devar of the deceased and on the basis of false allegation, he has been made accused in the present matter alongwith his family members including his mother and brother i.e. mother-in-law and husband of the deceased, and after considering the entire facts in detail, bail application of mother-in-law of the deceased namely Smt. Harkuwar has been allowed by this Court and her bail order has been annexed at page 82 of the paper book and on facts, case of applicant is even on better footing than her.

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He further submits that there is no specific allegation against the applicant and applicant is not having any previous criminal history and in the present matter, applicant is in jail since 21.08.2024 i.e. for last 6 months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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

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Considering arguments advanced by learned counsel for the applicant and the fact that applicant is Devar of the deceased and

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there is no specific allegation against him and deceased died due to hanging and bail application of mother-in-law has already been allowed by this Court and applicant is not having any previous criminal history and in the present matter, applicant is in jail for last 6 months, 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- Atbal Alias Kallu , 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 her 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 :- 20.2.2025 S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Atbal Alias Kallu v. State of U.P.

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Atbal Alias Kallu v. State of U.P.

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