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Neutral Citation No. - 2025:AHC:25636 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2839 of 2025 Applicant :- Abdul Sattar Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- Ashish Srivastava,G.A. Hon'ble Sameer Jain,J.
1. Heard Shri Prem Chandra Dwivedi, learned counsel for the applicant, Sri Ashish Srivastava, learned counsel for the informant and Shri Imran Khan, learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.141 of 2024, under Sections 498A, 304B IPC and Sections 3/4 D.P. Act, Police Station Hariparwat, District Agra, during pendency of the trial in the court below. 3. Learned counsel for applicant submits that applicant is father-in- law of the deceased and on the basis of false allegation of demand of dowry and torture, he has been made accused in the present matter along with his wife and son i.e. mother-in-law and husband of the deceased and after considering the entire facts in detail, mother-in-law of the deceased Smt. Anarkali has been released on bail vide order dated 10.12.2024 passed in Criminal Misc. Bail Application No.23014 of 2024 and on facts, case of applicant is at par with her. 4. He further submits that however, earlier applicant has also been made accused in several criminal cases but in all the cases after investigation final report has been submitted. 5. He further submits that in the present matter applicant is in jail since 23.04.2024 i.e. for last almost 10 months. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submits that applicant is the head of the family and, therefore, his case is distinguishable from the case of mother-in-law but they could not dispute the fact that there is no specific allegation against the applicant and in the
present matter, applicant is in jail since 23.04.2024 i.e. for last almost 10 months. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. Applicant is father-in-law of the deceased and it reflects that there is no specific allegation against him and mother-in-law of the deceased and Devar both have been released on bail vide orders dated 10.12.2024 and 09.12.2024 passed in Criminal Misc.
Bail Application Nos.23014 of 2024 and 41134 of 2024 and from the
order passed in the case of Devar of the deceased, it reflects that after considering the entire facts in detail he was released on bail. Further, on facts, case of applicant is at par with the case of Smt. Anarkarli i.e. mother-in-law of the deceased.
9. Further, however it appears that earlier applicant has been made accused in several other cases but in all the cases, after investigation, final report has been submitted.
10. Further, in the present matter applicant is in jail since 23.04.2024 i.e. for last almost 10 months.
11. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
13. Let the applicant- Abdul Sattar, 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity.
14. 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.
15. 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.
Order Date :- 20.2.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad