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2025 DAILYLAW 48752 (ALL)

ANOOP v. STATE OF U.P.

BAIL/39417/2023 · 2025-04-03

Mohd Azhar Husain Idrisi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48001 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39417 of 2023 Applicant :- Anoop Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shabbir,Mohd. Tasleem,Rahul Mishra,Sharad Kumar Srivastava,Shyam Sunder Mishra Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Supplementary affidavit filed today is taken on record. Counter affidavit filed today is also taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State. Perused the record. 3. The instant bail application has been filed on behalf of the applicant -Anoop, in Case Crime No. 206 of 2023, under Sections 498-A, 323, 504, 506, 326 IPC, and Section 3/4 Dowry Prohibition Act, Police Station Khaga, District Fatehpur, during pendency of trial. 4. It is submitted by the learned counsel for the applicant that the applicant is an unfortunate father-in-law of the victim and the allegation against him is general in nature as usual demand of Rs. 50,000/-, motorcycle and golden chain of do tola as additional dowry has been made. He further submits that the applicant has got no concern with any demand of dowry or any consequential harassment. From any stretch of imagination he would not have been the beneficiary of the alleged dowry. It is also argued that all the witnesses have not supported the prosecution case and they have been declared hostile. It was further argued that other co- accused persons have already been granted bail by the trial court and the applicant who is aged about 70 years is in jail since 4.7.2023. The applicant having no criminal history to his credit and having scanty chances of his fleeing away from the judicial process and tampering the prosecution evidence, deserves to be released on bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the submissions of the learned counsel for the parties and the fact that all the prosecution witnesses have already been granted bail by the trial court, without expressing any opinion on the final merits of the case, let the applicant-Anoop involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i). The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. ii). The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In breach of any condition enumerated above, the trial court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law. Order Date :- 4.4.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad