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2025 DAILYLAW 121809 (ALL)

NIRANJAN v. STATE OF U.P. THRU. SECY. HOME CIVIL SECRT. LKO.

BAIL/1510/2024 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46527 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1510 of 2024 Applicant :- Niranjan Opposite Party :- State Of U.P. Thru. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Dhananjai Kumar Tripathi,Devendra Verma,Kajol,Kavita Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dhananjay Kumar Tripathi, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.420 of 2022, under Sections 498-A, 304B, 302 I.P.C. and Sections 3/4 of Dowry Prohibition Act registered at Police Station Fakharpur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.11.2022 against four persons including the applicant, stating that the informant had got his daughter married to the applicant four years ago; all the accused persons used to harass her and the applicant's father informed about the death of her daughter on 01.11.2022 stating that she had been electrocuted. 4. The informant has been examined as P.W.1 before the trial court and he has turned hostile. The informant's wife has also been examined as P.W.2 and she has also turned hostile. 5. The applicant's mother and father i.e. co-accused Shanti Devi and Bhusaili have already been granted bail by this Court. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent person, he has been falsely implicated in the present case and he has no criminal history. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Niranjan be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Order Date :- 7.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench