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2025 DAILYLAW 139349 (ALL)

PARAVEJ @ PARAVEJ AHAMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3992/2025 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27072 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3992 of 2025 Applicant :- Paravej @ Paravej Ahamad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Uma Kant,Shrayansh Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Uma Kant Verma, learned counsel for the applicant, Sri Anant Pratap Singh, the learned AGA for the State, Sri Afzal Hasan, the learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 30/2025, under Sections 80, 85 B.N.S. & Section 3/4 D.P. Act, Police Station Bangarmau, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.01.2025 against six persons, including the applicant, his father, mother and three sisters, stating that the informant got his sister married to the applicant on 19.05.2022; all the accused persons used to harass her for demanding dowry and they killed her by strangulation in the night of 15.01.2025. 4. Inquest proceedings were witnessed by the applicant also along with other persons. The post mortem examination report mentions a ligature mark around the neck going backward obliquely, interrupted by 6 cm behind left ear and cause of death has been opined to be asphyxia due to ante mortem 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. The applicant's mother co-accused Nadira has been granted bail by means of order dated 12.03.2025 passed by a co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 2222 of 2025 and his father co-accused Sharif Khan has been granted bail by means of order dated 26.03.2025 passed by the Sessions Judge, Unnao. 7. Learned AGA as well as the learned counsel for the informant have opposed the bail application and they have stated that the allegations have been established during investigation and a charge sheet has been submitted on 01.03.2025 against the applicant and his parents. Investigation against other accused persons is still pending. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that the applicant's wife was killed by the accused persons, the post mortem examination mentions a ligature mark around the neck and cause of death has been opined to be asphyxia due to ante mortem hanging; that similar allegations have been levelled in the FIR against all accused persons and no specific allegation has been levelled against the applicant and that the applicant's parents have already been granted bail; that the applicant has no criminal history and he is languishing in jail since 20.01.2025 whereas the investigation against him 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Paravej @ Paravej Ahamad 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 :- 8.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench