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2025 DAILYLAW 94366 (ALL)

IRFAN v. STATE OF U.P.

BAIL/31070/2025 · 2025-09-10

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31070 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Irfan, who is involved in Case Crime No. 193 of 2024, under Sections 80(2), 85, 352, 351(3) BNS and Section 3/4 Dowry Prohibition Act, police station Baghauchghat, district Deoria, seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that the applicant is brother-in-law of the deceased and has been falsely implicated in this case without any credible evidence against him. General and omnibus allegations have been levelled against the accused persons whereas the deceased died in her parental home. It is further submitted that co-accused Murtaza Husain and Parvej Alam, who are father-in-law and husband of the deceased, have been granted bail by the coordinate Bench of this Court vide orders dated 17.07.2025 and 29.08.2025 in Criminal Misc. Bail Application Nos. 23626 of 2025 and 29877 of 2025, respectively. Hence the applicant, whose case stands on similar footing, is also entitled to be released on bail on the ground of parity. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the Versus Counsel for Applicant(s) : Dinesh Chandra Dwivedi Counsel for Opposite Party(s) : G.A. Irfan .....Applicant(s) State of U.P. .....Opposite Party(s) prosecution evidence. The applicant is languishing in jail since 27.08.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the deceased committed suicide in her parental home and as per post mortem report, the cause of death of the deceased is asphyxia as a result of ante mortem hanging. I also find that other co-accused, namely, Murtaza Husain and Parvej Alam have been granted bail as noted above. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Irfan 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 shall 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 his release, the applicant shall not involve in any criminal activity. BAIL No. 31070 of 2025 2 (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 11, 2025 Shubham BAIL No. 31070 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad