MOHD. NAEEM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/6057/2025 · 2025-11-28
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[ 2025 DAILYLAW 180836 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180836 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6057 of 2025
Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard Shri Akshit Gadhok & Mohammad Faizan, learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.433 of 2024, under Section 103(1) BNS, P.S. Motipur, District Bahraich. 3. In terms of the FIR it was alleged that on 02.09.2024 when the informant was at her parental home, information was received that her husband had killed his own daughter aged about 18 years with a sharp edged instrument and when the informant reached home, the body was found at the home. 4. Inquest report of the body was done wherein an opinion was formed that the deceased has died as her neck, hands and legs etc., were cut, however, a view was formed that to ascertain the true cause, postmortem be done. 5. Postmortem of the victim indicates presence of lacerated injury on the neck, right shoulder joint, right forearm, elbow was separated from the right arm, sharp lacerated injury below left shoulder joint, elbow separated from left arm and sharp lacerated injury with regular margin on the lower leg was Versus . Counsel for Applicant(s) : Sumit Chauhan, Mohammad Faizan, Vishnu Narayan Sharma . Counsel for Opposite Party(s) : G.A. Mohd. Naeem .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
also seen. 6. Gadansa which was allegedly used was recovered at the instance and pointing out of the applicant. Subsequently, the witnesses who was the eyewitness deposed that on the date of the incident when the cries were heard, it was seen that the applicant was hitting his own daughter with a Gandansa. 7. What emerges from the statement was that the daughter of the applicant had gone alongwith one boy because of which the family had to face a lot of social stigma. In plain, it was a case of honour killing where the applicant who was a Muslim, his daughter ran away with a person named Sunil, which led to a lot of stigma. 8. Learned counsel for the applicant draws my attention to the statement of a witness during trial wherein he had deposed that the applicant was sitting with the dead body with a Gadansa and the victim's head, hands etc., were cut.
He specifically stated that he was not aware as to who has killed the daughter of the applicant. A similar statement was given by the other witness Ajay Arya. 9. In the statement of the informant it was stated that she had received information that her daughter was killed by her husband. She also deposed that the daughter of the informant had run away with one Sunil on account of her affair and she used to meet the said person and despite council, she did not improve because of which the husband of the informant was very unhappy. The said informant was questioned by the trial Court wherein she stated that her daughter had run away with Sunil on two occasions earlier, and when the informant was confronted with the video in which the applicant was seen keeping the body parts, she wept and did not respond. 10. FIR and the statements as well as the questioning of the informant by the trial Court clearly indicates that it was a case of honour killing by the applicant. The manner in which the killing was done is reflected in the postmortem report wherein the body parts were cut. Motive can also be ascertained from the social stigma allegedly felt by the applicant. BAIL No. 6057 of 2025 2
11. Considering the depraved manner in which the offence was committed, no good ground for bail is made out. 12. Present bail application is accordingly rejected. November 28, 2025 nishant BAIL No. 6057 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench