Radheshyam Pasi vs State of U.P.

Neutral Citation No. - 2025:AHC:36152

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8624 of 2025

Applicant :- Radheshyam Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri A.K. Yadav, learned counsel for the applicant appointed by High Court Legal Services and Sri Shatrughan Yadav, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 108 of 2023, under Section 304 IPC, Police Station Kapilwastu, District Siddharth Nagar, during pendency of the trial in the court below.

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FIR of the present case was lodged against the applicant with regard to the death of his mother.

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Learned counsel for the applicant submitted that however, applicant is named in the FIR and as per allegation, he caused death of this mother but informant who was his sister is admittedly not an eye witness and it appears on the basis of suspicion, he has been made accused in the present matter.

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He further submitted that except suspicion, there is no other evidence against the applicant on record and admittedly, there is no eye witness account.

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He further submitted that even from the statement of the informant recorded during investigation which has been annexed alongwith the instant bail application it reflects that applicant did not reside alongwith the deceased and deceased i.e. his mother resided separately.

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He further submitted that applicant is having no criminal history and he is in jail in the present matter since 29.9.2023 i.e for last almost one and half years.

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Per contra, learned AGA 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 learned counsel for the parties and perused the record of the case.

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However, applicant is son of the deceased and as per allegation he caused her death but it appears there is no eye witness account.

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Record also suggests that applicant did not reside alongwith the deceased and deceased resided alone and considering all theses facts, it appears except suspicion, there is no other evidence against the applicant on record.

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Further, applicant is having no criminal history and he is in jail in the present matter since 19.9.2023 i.e for last almost one and half years.

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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- Radheshyam Pasi, 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

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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 :- 12.3.2025

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Radheshyam Pasi v. State of U.P.

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Radheshyam Pasi v. State of U.P.

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