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2025 DAILYLAW 73818 (ALL)

MATLUB AHMAD AND ANOTHER v. STATE OF U.P.

BAIL/24586/2025 · 2025-07-16

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115507 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24586 of 2025 Applicant :- Matlub Ahmad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mahfooz Ahmad,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar Singh, learned counsel for the applicants, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicants seek bail in Case Crime No.122 of 2025, under Sections 85, 80(2), 115(2) B.N.S. and 3/4 D.P. Act, Police Station Govind Nagar, District Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the marriage of the son of the applicants was solemnized with the deceased person as per Muslim Rites about one year before her death. The applicants and other family members are stated to have subjected her to cruelty for demand of Rs.5 lakhs as dowry, thereby led her to death on 10.04.2025 at about 9:00 a.m. 5. Learned counsel for the applicants has argued that the applicant no.1 is the father-in-law and applicant no.2 is the mother-in-law of the deceased and have been falsely implicated in the present case. They have nothing to do with the said offence. The FIR is delayed by about fourteen hours and there is no explanation of the said delay caused. The demand of dowry is vague. The son of the applicants is riksha puller, as such, his economical condition speaks volume of the said false allegation of demand of Rs.5 lakhs. 6. Learned counsel for the applicants has further stated that the cause of death was asphyxia as a result of ante-mortem hanging. The deceased has committed suicide as an altercation ensued between husband wife duo. There is no criminal history of the applicants. The applicants are languishing in jail since 11.04.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the applicants are the father-in-law and mother-in-law of the deceased and there was an altercation between husband wife duo, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 9. Let the applicants- Matlub Ahmad and Salma, who is involved in aforementioned case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 17.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad