MOHD. NIYAZ @ NIYAZ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
BAIL/6438/2025 · 2025-10-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198763 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198763 (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. - 6438 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, Ms Nisha Srivastava, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.102 of 2025, under Sections 115(2), 352, 80(2), 85 BNS and Sections 3/4 D.P. Act, P.S. Dariyabad, District Barabanki. 4. Learned counsel for the applicant argues that the FIR in question was lodged alleging that the sister of the informant was married to the applicant. Subsequently she was killed on account of non payment of dowry. The cause of death as per the post mortem report is ante mortem hanging. The applicant is the husband. 5. Learned AGA and learned counsel for the informant have opposed the bail application. 6. Considering the post mortem report and there being nothing specific against the applicant of having caused physical or mental harassment of the deceased before her death with regard to demand of dowry, however, without commenting upon the merits of the case, the applicant who is in jail since 2.4.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Ram Saran Awasthi, Abhishek Awasthi Counsel for Opposite Party(s) : G.A., Nisha Srivastava Mohd. Niyaz @ Niyaz Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
7. Let the applicant Mohd Niyaz @ Niyaz Ahmad be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
October 27, 2025 J. K. Dinkar BAIL No. 6438 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench