MEHBOOB v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. GOVT. LKO.
BAIL/2434/2025 · 2025-03-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129605 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129605 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16629 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2434 of 2025 Applicant :- Mehboob Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Anil Kumar Singh, learned counsel for the applicant, Shri Ravi Srivastava, 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.365 of 2024, under Sections 80, 85, 64, 77 B.N.S. & Section 3/4 of D.P. Act registered at Police Station- Mallawan, District- Hardoi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 19.08.2024 against the applicant, his father, mother, sister and brother Talib, stating that the informant has got his daughter married to the applicant's brother co-accused Talib on 14.06.2020; that all the accused persons used to harass her for demanding dowry; that the applicant, who is the elder brother of husband of the informant's daughter, had prepared an obscene video of the informant's daughter and on the strength of that video, he blackmailed and raped her and that all the accused persons killed her in the evening of 17.08.2024. 4. The postmortem examination report mentions a ligature mark around neck of the dead body, with a gap of 3 cm and the cause of death was opined to be Asphyxia due to antemortem hanging. 5. 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. 6. Learned A.G.A. has vehemently opposed the bail application. However, the instructions provided to him did not make a mention of any obscene video made by the applicant having been recovered during investigation. 7. 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. 8. Accordingly, this bail application stands allowed. 9.
Let the applicant- Mehboob 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 :- 24.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench