Sadiq Alias Mohammad Siddiq Khan Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:79032

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15123 of 2025

Applicant :- Sadiq Alias Mohammad Siddiq Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. As informed by learned AGA, notice to the informant has been served on 30.04.2025 but none is present on behalf of the informant.

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Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 551 of 2024, under Sections 115(2), 351(2), 64(1), 74 of BNS and Sections 9Dha/10 of POCSO Act, Police Station Kotwali, District Fatehpur, during the pendency of trial.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The instant case is a misuse of dowry laws. The applicant is the brother-in-law (Nandoi) of the victim. The victim is aged about 36 years. There is no medical corroboration of the incident.

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There is no criminal history of the applicant. The applicant is languishing in jail since 22.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

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The Supreme Court in Kahkashan Kausar @ Sonam vs The

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State of Bihar, reported in 2022 (6) SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that there is no medical corroboration of the incident coupled by the fact that the victim is aged about 36 years, I find it a fit case to release the applicant on bail. The bail application is allowed .

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Let the applicant- Sadiq Alias Mohammad Siddiq Khan , who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

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iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 14.5.2025 Sumit S

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(Justice Krishan Pahal)

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad

Sadiq Alias Mohammad Siddiq Khan v. State of U.P. and 3 Others

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Sadiq Alias Mohammad Siddiq Khan v. State of U.P. and 3 Others

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