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2025 DAILYLAW 129048 (ALL)

SIRTAJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/2296/2025 · 2025-03-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16442 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2296 of 2025 Applicant :- Sirtaj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Firoz Ahmad Khan, learned counsel for the applicant and Sri Pranesh Kumar Sinha, the learned A.G.A. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 187 of 2024, under Sections 80(2), 85, B.N.S.S. & 3/4 D.P. Act, Police Station Kumarganj, District Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 19.09.2024 against the applicant, his father and sister alleging that the informant had got his daughter married to the applicant four years ago; that all the accused persons used to harass her for demanding dowry and they killed her by hanging on 18.09.2024. Information of death of the informant's daughter and a video recording of her beating was sent through mobile phone. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history and he is languishing in jail since 20.09.2024. 5. The learned A.G.A. has opposed the bail application and on the basis of instructions provided to him he has informed that the informant has stated that he has a recording referred to in the F.I.R., saved by him in a pen-drive, but he has not provided the same to the investigating officer and he said that he will provide it later on. After investigation a chargesheet has been submitted against the applicant and his father on 07.12.2024 and the allegations levelled against the applicant's sister could not be established during investigation. The applicant's father Shamshad has already been granted bail by means of order dated 12.12.2024 in Bail Application No. 1348 of 2024, by the Sessions Judge Ayodhya. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R. mentions that a video-evidence of the incident is available and the informant also stated before the investigating officer that he has such evidence, but he declined to provide the same to the investigating officer, coupled with the fact that the applicant's father/a co-accused has already been granted bail and that the applicant has no criminal history and he is languishing in jail since 20.09.2024 and the investigation 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Sirtaj 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 :- 20.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench