RAMDHANI @ BAGGA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/4865/2025 · 2025-05-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142145 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142145 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33653 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4865 of 2025 Applicant :- Ramdhani @ Bagga Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Manoj Kumar Singh, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.215 of 2025, under Sections 80(2), 85 B.N.S and Section 3/4 of Dowry Prohibition Act, registered at Police Station Motipur, District Bahraich. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 06.04.2025 against the applicant, his wife-Smt. Jamuni Devi, son- Somari and daughter Sumitra, stating that the informant had got his sister married to the applicant's son- Somari about a year ago; all the accused persons used to harass her for demanding dowry and they killed her on 04.04.2025. 4. The post mortem examination report of the deceased mentions a ligature mark around the neck, passing obliquely upwards, interrupted by 4cm on right side, back of of neck and the cause of death has been opined to Asphyxia due to ante mortem hanging. No other injury was found on the dead body. 5. It is relevant to note that the incident took place on 04.04.2025, the information of death was given to the police on the same day by Rakesh Nishad, brother of the informant and the deceased. He did not levelled any allegation of harassment of the deceased for demand of dowry by the accused persons. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 48 years old innocent person having no criminal history and he has been falsely implicated in the present case. It has been submitted on behalf of the applicant that the co-accused Smt. Jamuni Devi has already been enlarged on bail by this court by means of an order dated 27.05.2025, passed in Criminal Misc. Bail Application No.4640
of 2025. 7. The learned A.G.A has opposed the bail application and he has submitted that the investigation of the case is still pending. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim died on 04.04.2025 and in the first information of her death given to the police, by her brother did not levelled any allegation of demand of dowry and those allegations were levelled for the first time in the F.I.R lodged two days after the incident; no specific allegation has been levelled against the applicant in the F.I.R and that the applicant has no criminal history and he is languishing in jail since 16.04.2025 and a co-accused person has already been enlarged on bail by this court, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Ramdhani @ Bagga be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 30.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench