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2025 DAILYLAW 137223 (ALL)

RAMJI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3600/2025 · 2025-04-29

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24338 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3600 of 2025 Applicant :- Ramji Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jitendra Kumar Singh,Maneesh Pandey,O.P. Tiwari,Pallavi Vatsala Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri O.P. Tiwari, learned counsel for the applicant, Sri Satyendra Srivastava, learned Additional Government Advocate for the State and Sri Anand Kumar, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 454 of 2024, under Sections 80, 85, 115(2), 352 B.N.S. and Section 3/4 Dowry Prohibition Act, registered at Police Station Shahbad, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.09.2024 against the applicant, his father, uncle, brother and sister stating that the informant had got her daughter married to the applicant-Ramji on 22.04.2024. All the accused persons used to harass her daughter for demanding dowry and they killed her on 22.09.2024. The postmortem examination report mentions no injury on any part of her body. The viscera examination report mentions presence of organo phosphide insecticide in the abdomen of dead body. 4. In the affidavit filed in support of 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. The applicant's uncle co-accused Awadhesh has already been enlarged on bail by a coordinate Bench of this court by means of an order dated 20.02.2025, passed in Criminal Misc. Bail Application No.1515 of 2025. The applicant's father Kamlesh has also been enlarged on bail by this court by means of an order dated 08.04.2025, passed in Criminal Misc. Bail Application No.2960 of 2025. 5. The learned Additional Government Advocate appearing on behalf of the State and the learned counsel for the informant have opposed the prayer for bail and they have submitted that the allegations have been established during investigation and a charge sheet has been submitted on 26.11.2024. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the F.I.R. similar allegations have been levelled against all the accused persons; that the applicant has no previous criminal history and he is languishing in jail since 19.10.2024 and the applicant's uncle and father have already been enlarged on bail and the investigation already stands concluded 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Ramji 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 his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 29.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench