Zubair Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:2807

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 217 of 2025

Applicant :- Zubair Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aditya Kumar Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application has been filed on behalf of the applicant seeking bail in Case Crime No.18 of 2021, under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 of Dowry Prohibition Act, and alternative charges under Section 302, 34 I.P.C., Police Station - Tadiyawan, District - Hardoi.

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On a query being put, learned A.G.A. submitted that the complete instructions are available as such this Court proceeded to hear this application for grant of bail on merits.

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While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case.

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It is also submitted that applicant is the brother-in-law of the deceased and he has been summoned by the trial court in exercise of power under Section 319 Cr.P.C. Thus, it is crystal clear that at the time of investigation the Investigating Officer could not find any adverse material against the applicant and, therefore, exonerated the applicant. It is further stated that the co-accused, husband of the deceased, namely Tabrej has already been released on bail by this Court vide order dated 13.02.2024, passed in Criminal Misc. Bail Application No.9250 of 2023, as is evident from Annexure No.6 to the present application. Other co-accused namely Naseem and Narjun, father-in-law and mother-in-law of the deceased, have also been released on bail vide order dated 08.10.2021 and 21.10.2021, respectively, passed in Bail Application No.11457 of 2021 and Bail Application No.11737 of 2023, respectively.

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It is submitted that considering the aforesaid as also the role assigned to the applicant, who has no criminal history, is entitled to be released on bail. In case of being enlarged on bail,

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he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail.

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Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel.

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Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact(s) that co-accused including husband of the deceased have already been released on bail and the applicant is brother-in-law of the deceased and also that the applicant is having no criminal history and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

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Let the applicant- Zubair be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial.

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(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.

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Order Date :- 16.1.2025 ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Zubair v. State of U.P. Thru. Prin. Secy. Home Lko.

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Zubair v. State of U.P. Thru. Prin. Secy. Home Lko.

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