Saleem Alias Ghollu vs State of U.P.

Neutral Citation No. - 2025:AHC:19929

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 322 of 2025

Applicant :- Saleem Alias Ghollu Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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The present bail application has been filed by the applicant in Case Crime No. 111 of 2019, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 of Dowry Prohibition Act, Police Station - Binauli, District - Baghpat, with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has not committed any offence. Applicant is brother-in-law (devar) of deceased. The marriage of deceased with brother of applicant has taken place on 29.01.2017 and out of that marriage they have one child. Only general allegations of dowry demand and harassment of deceased have been levelled against the applicant and co-accused persons and that no specific role has been assigned to the applicant. It was stated that on 28.05.2019 deceased has sustained burn injuries and after the incident, she was admitted in the hospital. In her dying declaration, she has stated that her sister-in-law Chand has poured kerosene over her and set her ablaze and at that time her father-in-law, mother-in-law and husband were present. In her dying declaration, deceased has not named the applicant. It was further submitted that at the time of alleged incident deceased was at the advance stage of pregnancy. Co-accused Mahboob, who is father-in-law of deceased, and co-accused Shahzad @ Fardeen, who is brother-in-law (devar) of deceased, have already been granted bail by the co-ordinate Bench of this Court

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and by this Court. Lastly, it was submitted that the applicant is in judicial custody since 09.10.2024, having no criminal history, and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer of bail.

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Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed.

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Let the applicant - Saleem Alias Ghollu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

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i. The applicant will not tamper with the evidence during trial.

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ii. The applicant will not pressurize/intimidate the prosecution witnesses.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

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