Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 77685 (ALL)

JAIDEI v. STATE OF U.P.

BAIL/25288/2025 · 2025-10-05

Sanjay Kumar Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25288 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant, learned Additional Government Advocate representing the State and Sri Saurabh Kumar, learned counsel appearing on behalf of the complainant. 2-By means of this bail application, applicant-Jaidei, who is involved in Case Crime No. 109 of 2025, under Sections 85, 80 (2) B.N.S. and 3/4 D.P. Act, Police Station Faizganj Behta, District Budaun seeks enlargement on bail during the pendency of trial. 3- Facts in brief are that complainant Jagatpal, who is father of the deceased Radha got lodged a case against Puspendra (husband), Bhure (father-in- law), Jaidei (Mother-in-law), Omveer (Jeth), Saroj (Jethani) and Saroj (Nand) of the deceased respectively, making allegation inter-alia that the marriage of his daughter Radha was solemnized with Pushpendra in the year 2025, but she was being harassed in her matrimonial home due to dowry. On 13.05.2025 he came to know that his daughter has been done to death in her matrimonial home. 4. The main substratum of argument of learned counsel for the applicant is that identically situated co-accused Bhure, Saroj and Omveer, have been granted bail co-ordinate Bench of this Court vide orders dated 06.08.2025, 06.08.2025 and 22.08.2025 in Criminal Misc. Bail Application Nos. 25019 of 2025, 25063 of 2025 and 28932 of 2025 and the case of present applicant stands on similar footing to that of co-accused Bhure, Saroj and Omveer, therefore, the applicant is also entitled to be released on bail on the ground Versus Counsel for Applicant(s) : Ravi Shankar Tripathi Counsel for Opposite Party(s) : G.A., Saurabh Kumar Jaidei .....Applicant(s) State of U.P. .....Opposite Party(s) of parity, who are languishing in jail since 14.05.2025 having no criminal history to her credit, in case she is released on bail, she will cooperate in the trial and she will not misuse the liberty of bail. 5-Per contra, learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that co-accused Bhure, Saroj and Omveer, who father-in- law, Jethani and Jeth of the deceased, under similar accusation, have been granted bail, as noted above, therefore, the applicant has made out a prima- facie case for bail on the ground of parity. 7-Accordingly, the instant bail application is allowed. 8-Let the applicant-Jaidei, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant will cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after her release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. (Sanjay Kumar Singh,J.) October 6, 2025 T.S. BAIL No. 25288 of 2025 2 Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad