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2025 DAILYLAW 129530 (ALL)

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

BAIL/2466/2025 · 2025-03-24

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16684 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2466 of 2025 Applicant :- Mohammad Ahmed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Archana Yadav,Brijesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Brijesh Kumar Yadav, learned counsel for the applicant as well as Ms. Shikha Sinha, 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. 343 of 2024, under Sections 85, 115(2), 80 of B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station- Tambor, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.08.2024 against nine persons, including the applicant and his family members, stating that the informant's sister had got married to the applicant on 11.12.2020; that all the accused persons used to harass her for demanding dowry, regarding which Case Crime No.397/ 2022, under Section 3/4 Dowry Prohibition Act and Sections 498-A, 323, 504 IPC was lodged in Police Station- Thangaon, District- Sitapur. During pendency of the aforesaid case, a compromise was entered into about six months ago wherein the applicant had agreed not to harass her wife and to keep her happily whereupon the informant's sister and her children had gone to the house of the applicant, but the accused persons again started harassing her due to which, she hanged herself on 18.08.2024. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent. On the date of the incident, he was at Mumbai and he boarded a flight for coming to Lucknow at 02.45 Hrs on 19.08.2024. A copy of the air ticket has been annexed with the bail application. 5. The applicant's father Majeed has already been granted bail by means of an order dated 11.02.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No.13029 of 2024. 6. The learned A.G.A. has opposed the prayer for bail and on the basis of written instructions provided to her, she stated that a charge sheet has been submitted against the applicant and co- accused Majeed only on 07.11.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although, the FIR levelled allegations against 9 persons, the allegation against 7 persons could not be established during investigation; that the applicant lives in Mumbai for earning his livelihood and at the time of incident also, he was at Mumbai and that the applicant's father- coaccused Majeed has already been granted bail; that the applicant is languishing in jail since 04.09.2024 and without making any observation, which may affect the merits 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mohammad Ahmed 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 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 :- 24.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench