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2025 DAILYLAW 156425 (ALL)

PRINCE MASEEH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/9434/2024 · 2025-04-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22133 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9434 of 2024 Applicant :- Prince Maseeh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Sudhir Kumar Rai,Dhirendra Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sudhir Kumar Rai, learned counsel for the applicant and Sri Ravi Srivastava, learned A.G.A. 2. This application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No. 106 of 2024, under Sections 302,201,34 I.P.C., Police Station Hasanganj, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.05.2024 against one Jyoti alias Babli Maurya on the basis of suspicion and her unnamed accomplices stating that the informant’s daughter had got married about six years ago and she has a daughter. Her husband used to ill-treat her, due to which she was residing with the informant. She had developed friendship with one Milind Kumar, who used to look after her and render financial help to her. For this reason, named accused Jyoti alias Babli, wife of Milind Kumar, used to quarrel with the informant’s daughter and threaten her. In the night of 6/7.05.2024 the informant’s daughter and grand-daughter were killed by strangulation and their dead-bodies were thrown on Agra Express Way. The informant apprehended that Jyoti W/o Milind Kumar had eliminated his daughter and grand-daughter with some other persons. 4. In the custodial statement of named accused Jyoti she implicated the applicant, one Nirankar Sharma and Kalloo. 5. Learned counsel for the applicant states that Nirankar Sharma has already been granted bail by means of order dated 10.03.2025 passed by Coordinate Bench in Criminal Misc. Bail Application No. 8411 of 2024. 6. The learned A.G.A. has opposed the bail-application and he has submitted that the applicant is accused of commission of a heinous offence and he should not be granted bail, however, he could not dispute that role assigned to the applicant is similar to that assigned to co-accused Nirankar Sharma, who has been granted bail. 7. Having considered the aforesaid facts and circumstances of the case, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Prince Maseeh 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 :- 18.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench