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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Krishan Pahal
Veerbala Yadav – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Krishan Pahal,J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Manish Tiwari, learned Senior Advocate, assisted by Sri Atharva Dixit, learned counsel for the applicant, Sri Rajiv Lochan Shukla, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 289 of 2024, U/S 103(1), 238(B), 324(6), 3(5), 127(6) of B.N.S., 2023, Police Station Mainather, District Moradabad, during the pendency of trial.
PROSECUTION STORY:
4. The FIR was instituted against unknown persons by the informant stating that his father had left his house on 16.8.2024 at about 8.00 pm on his motorcycle no. UP 21 BL 1907 and the informant was informed in the night of 17.8.2024 at 00.30 am that he had met with an accident and his dead body is lying at District Hospital.
5. On receiving the said information, the informant alongwith his family members rushed to the hospital and found the dead body of his father there and observed that he had certain marks on his neck and his tongue was protruding out and he had also observe
The court held that bail should not be granted where the evidence against the applicant, though circumstantial, warrants further investigation and lacks conclusive disproof.
Bail is a rule and imprisonment is an exception; the prosecution must prove its case beyond a reasonable doubt for bail denial.
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; clear evidence of incitement is required.
The court denied bail based on the circumstances of the murder and the applicant's insufficient evidence to prove non-involvement.
Bail is the rule and imprisonment the exception; presumption of innocence must be upheld until guilt is proven.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
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