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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24323 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard Shri Shantanu Srivastava, learned counsel for the applicant, learned A.G.A. for the State as well as Shri Lal Bahadur Yadav, learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel further submits that the F.I.R. was lodged by the informant with the allegation that he had solemnized marriage of his daughter three years ago with the applicant. At the time of marriage sufficient amount of dowry was given and after marriage he has already given one lakh twenty five rupees to the in-laws of her daughter but they are not satisfied and they used to harrass and torture his daughter for more dowry and on account of non fulfillment thereof, on the alleged date they set her ablaze on account of which she sustained burn injuries and her treatment is going on in the hospital. Learned counsel further submits that false allegations were made in the F.I.R. No such incident was occurred. After some time of the incident a compromise has been arrived at between the parties and the victim is now living in her matrimonial house happily. This compromise has been filed as Annexure-1 to the counter affidavit filed on behalf of informant, which is on the record. Thus, it has been argued that applicant may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 23.05.2025, with no criminal history. 3. Learned A.G.A. has opposed the prayer for bail.
However, learned Versus Counsel for Applicant(s) : Saurabh Tripathi, Shantanu Srivastava Counsel for Opposite Party(s) : G.A., Lal Bahadur Yadav Waseem .....Applicant(s) State of U.P. .....Opposite Party(s)
counsel for the informant has admitted that after compromise the victim is living in her matrimonial house happily and she has no objection. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Waseem, be enlarged on bail in Case Crime No. 158 of 2025, under Sections 109(1), 115(2), 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Afzalgarh, District- Bijnor, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 19, 2025 Mustaqeem. BAIL No. 24323 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad