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Neutral Citation No. - 2025:AHC:85864 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4511 of 2025 Applicant :- Rajaram Opposite Party :- State of U.P. Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Alok Sharma, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 248 of 2024, under Sections 302, 201, 34,194, 203, 211 IPC, Police Station Nigohi, District Shahjahanpur during pendency of the trial. 4. Learned counsel for the applicant submits, applicant is informant of the case and he lodged FIR of the present case against seven persons with regard to murder of his daughter but during investigation he himself has been made accused in the present matter on the ground that his daughter was having illicit relationship with her brother-in-law, therefore, applicant committed her murder but except the bald and verbal allegation there is no cogent evidence in this regard on record. 5. He further submits, applicant is however having criminal history of two other cases but both the cases relate to minor offences and his criminal history has been explained in the instant bail application. 6. He further submits, in the present matter applicant is in jail since 16.05.2024 i.e. for last more than a year. 7. Per contra, learned AGA opposed the prayer for bail and submitted that actually it is case of honor killing and applicant who is father of the deceased committed the murder of his daughter and after that he lodged false FIR of the present case but could not
dispute the fact that except the statement of applicant and suspicion there is no other evidence in this regard on record. 8. Learned AGA further could not dispute the fact that in the present matter applicant is in jail since 16.05.2024 i.e. for last more than a year. 9. I have heard learned counsel for the parties and perused the record of the case. 10.
Applicant is father of the deceased and as per allegation, her daughter developed illicit relationship with her brother-in-law, therefore, he eliminated her but from the record, it reflects, applicant himself lodged FIR of the present case with regard to murder of his daughter against seven named accused and it reflects, except the bald and verbal allegation and confessional statement of the applicant there is no cogent evidence in this regard on record which can suggests that applicant was the person who committed the murder of his daughter. 11. Further, however, apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application and both the cases relate to minor offences. 12. Further, in the present matter applicant is in jail since 16.05.2024 i.e. for last more than a year. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Rajaram 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court
or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17.
It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 21.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad