Mohd. Adil Vs State of U.P Thru. Prin. Secy. Civil Secrt. Lko.

Neutral Citation No. - 2025:AHC-LKO:19704

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15391 of 2023

Applicant :- Mohd. Adil Opposite Party :- State Of U.P Thru. Prin. Secy. Civil Secrt. Lko. Counsel for Applicant :- Sanjay Singh Chauhan,Abul Fazal Jaffrey,Alok Kumar Singh,Ankit Kumar Yadav,Kashif Haider,Sumit Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Sumit Chauhan, learned counsel for the applicant, Shri Pranesh Sinha, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No.255 of 2023 under Sections 498-A, 304-B I.P.C. & 3/4 D.P. Act registered at Police StationIshanagar, District- Lakhimpur Kheri.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.07.2023 against the applicant, his father, mother and uncle, stating that the informant had got his sister married to the applicant on 25.06.2022. All the accused persons used to harass her for demanding dowry and they had turned her out of her matrimonial home about one month ago while she was pregnant but the informant had persuaded the accused persons to take her to her matrimonial home. On 28.06.2023, the informant got information from some neighbors that his sister had been killed by some accused persons.

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The postmortem examination report mentions a ligature mark around the neck which was interrupted on right side and no other injury has been reported on the dead body. The cause of death has been opined to be Asphyxia due to ante-mortem hanging.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 22 years, who has been falsely implicated in the present case and he has no criminal history.

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The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet submitted on 23.08.2023. The petitioner has filed a rejoinder affidavit, which is taken on record.

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Two co-accused Akhtaroon and Mohd. Hanif @ Hanif have already been granted by means of order dated 21.11.2023 and 18.10.2023 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos.13712 of 2023 and 12353 of 2023. The other co-accused person Yunus was exonerated during investigation.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R. alleges that accused persons had killed the informant's sister, the only injury found on the dead body is a ligature mark around neck and the cause of death has been opined to be Asphyxia due to antemortem hanging; that the F.I.R. levels similar allegations against all the accused persons and the two co-accused persons have already been granted bail and that the applicant is a young man having no criminal history and he is languishing in jail since 07.07.2023 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant- Mohd. Adil be released on bail in the

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aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court.

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[Subhash Vidyarthi, J.]

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Order Date :- 8.4.2025 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Adil v. State of U.P Thru. Prin. Secy. Civil Secrt. Lko.

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Mohd. Adil v. State of U.P Thru. Prin. Secy. Civil Secrt. Lko.

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