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2025 DAILYLAW 122918 (ALL)

RAMROOP v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/1414/2025 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27168 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1414 of 2025 Applicant :- Ramroop Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sumit Chauhan Counsel for Opposite Party :- G.A.,Ashutosh Bajpai Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Sumit Chauhan, the learned counsel for the applicant, Shri Jayant Singh Tomar, the learned A.G.A.-I 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.491 of 2024 under Sections 80(2), 85 of B.N.S., Section 3/4 of D.P. Act registered at Police Station- Nanpara, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.10.2024 against 3 persons, including the applicant, stating that the informant had got his daughter married to the applicant one year ago; all the accused persons used to harass her for demanding dowry and she died on 08.10.2024. 4. The postmortem examination report mentions a ligature mark around the neck of the dead body and the cause of death has been opined to be Asphyxia due to antemortem hanging and no other injury has been found on the dead body. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person having no criminal history and he has been falsely implicated in the present case. 6. Two other co-accused persons Jahageer and Smt. Gangajali have already been granted bail by means of an order dated 17.01.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.13018 of 2024. 8. The State has filed a counter affidavit annexing therewith relevant extract of case diary, statements of the witnesses recorded during investigation and a copy of charge-sheet submitted on 19.11.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the postmortem examination report mentions no other injury except a ligature mark; that the F.I.R. mentions similar allegations against all the accused persons and two co-accused persons have already been granted bail and that the applicant has no criminal history and he is languishing in jail since 08.11..2024 whereas the investigation already stands concluded, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Ramroop 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. . [Subhash Vidyarthi, J.] Order Date :- 8.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench