Allowed

Vishal Kharwar Alias Ashish v. State of U .P . through Principal Secretary, Department of Homes, Lucknow

Allahabad HC1 May 2025BAIL/4672/2025

Case brief

AI extract

What is this about?

Bail application under Sections 302, 201, 328, 406 IPC for a death by insecticide consumption. Applicant was not named in the FIR and implicated only via a relative's statement; no evidence linked him to administering poison. Considering his lack of criminal history and over eight months' incarceration, the court granted bail.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, with conditions regarding appearance, non-tampering with evidence and good conduct.

Vishal Kharwar Alias Ashish vs State of U .P… — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:70327

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4672 of 2025

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Applicant :- Vishal Kharwar Alias Ashish Opposite Party :- State Of U .P . Through Principal Secretary, Department Of Homes, Lucknow Counsel for Applicant :- Anjani Kumar Singh,Ritesh Srivastava,Shweta Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Ritesh Srivastava, learned counsel for the applicant and Dr. S. B. Maurya, learned A.G.A. -I for the State-respondent.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.137 of 2024, under Sections 302, 201, 328, 406 IPC, Police Station Rudhauli, District Basti, during pendency of the trial.

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Learned counsel for the applicant submits that FIR of the present case was lodged against husband of the deceased and his family members and according to the FIR they committed her murder but during investigation when the statement of brother-inlaw of the husband of the deceased was recorded then he stated that he witnessed the applicant while he was coming out from the hospital and he used to accompany her for her treatment.

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He further submits that merely on the basis of above statement, applicant has been made accused in the present matter.

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He further submits that from perusal of the post-mortem report, it reflects, cause of death of the deceased could not be ascertained and her viscera was preserved and now viscera report is on record, which hosever suggests, deceased died due to consumption of insecticide but there is no evidence that applicant administered poison to her.

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He further submits that entire prosecution case is based on presumption and suspicion.

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He further submits that as deceased was having some

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relationship with the applicant, therefore, it reflects, during investigation, he has been made accused in the present matter.

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He further submits that applicant is not having any criminal history and he is in jail in the present matter since 30.08.2024 i.e. for last more than eight months.

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

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I have heard both the parties and perused the record of the case.

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Applicant was not named in the FIR and it reflects, during investigation, he has been made accused in the present matter on the basis of the statement of brother-in-law of the husband of the deceased but even from his statement, which has been annexed at page 116 of the paper book, the complicity of the applicant could not be revealed and from the entire material available on record, it could only be reflected that applicant was having friendship with the deceased.

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Further, post-mortem report of the deceased suggests that she died due to consumption of insecticide but there is no evidence that applicant administered the poison to her.

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Further, admittedly deceased at the time of her death resided in her matrimonial home.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 30.08.2024 i.e. for last more than eight months.

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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- Vishal Kharwar Alias Ashish 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

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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 :- 1.5.2025 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Vishal Kharwar Alias Ashish v. State of U .P . through Principal Secretary, Department of Homes, Lucknow

Case brief

What is this about?

What did the court decide?

Vishal Kharwar Alias Ashish v. State of U .P . through Principal Secretary, Department of Homes, Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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