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2025 DAILYLAW 136327 (ALL)

SARVAR KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO

BAIL/3485/2025 · 2025-04-25

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23778 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3485 of 2025 Applicant :- Sarvar Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate 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.0611 of 2024, under Sections 80(2) and 85 B.N.S. and Section 3/4 D.P. Act, registered at Police Station Motipur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.12.2024 against the applicant, his wife and son stating that the informant had got her daughter married to the applicant's son/co-accused- Anwar Ali about three years ago. The informant's daughter was aged 25 years and she was mother of a daughter. The accused persons used to harass her for demanding dowry and the applicant's son, Anwar Ali informed her telephonically at 3 p.m. on 04.12.2024 that the informant's daughter had died. The informant stated that she believed that the accused persons had killed her daughter. 4. The postmortem examination report mentions no mark of injury on the dead-body and viscera examination report has mentioned presence of dichlorvos inside her abdomen. The postmortem report mentions a contusion of size 4x1.5 cm over anterolateral aspect of left arm and another contusion of size 3x2 cm over posterior aspect of left wrist joint. 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. During investigation, some witnesses have stated that the deceased was ill for the past several days. One of them has stated that he heard that the deceased was suffering from jaundice but he does not have the complete information. It has been submitted on behalf of the applicant that the co-accused Amina Khatoon has already been enlarged on bail by this court by means of an order dated 22.04.2025, passed in Criminal Misc. Bail Application No.3348 of 2025. 7. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 17.03.2025 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is having no criminal history; he is languishing in jail since 07.02.2025 and a co-accused has already been enlarged on bail by this court, whereas the investigation already stands concluded, I am of the view that the applicant is entitle to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Sarvar Khan 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, unless her appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 25.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench