Allowed

Tarikat v. State of U.P.

Allahabad HC9 Jan 2025BAIL/604/2025

Case brief

AI extract

What is this about?

Hon'ble Sameer Jain, J., allowed bail for Tarikat, accused in Case Crime No. 305 of 2024 under Sections 80(2), 85 BNS, and 3/4 DP Act. The court noted lack of specific allegations, unknown cause of death pending viscera report, and previous bail granted to his brother-in-law.

What did the court decide?

applicant released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned

Tarikat vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:8513

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 604 of 2025

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Applicant :- Tarikat Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Amar Jeet Upadhyay, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 305 of 2024, under Sections 80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Kithor, District Meerut during pendency of the trial.

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Learned counsel for the applicant submitted that applicant is Jeth of the deceased and on the basis of false allegation, he has been made accused in the present along with his family members including husband of the deceased.

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He further submits, at the time of incident applicant was in Delhi and it appears, after the death of the deceased only being elder brother of her husband, he has also been made accused in the present matter.

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He further submits, from perusal of the post mortem, it reflects, however, deceased sustained ligature mark but her cause of death could not be ascertained and viscera was preserved, therefore, even till date it cannot be said that deceased died under abnormal circumstances as viscera report till date is not on record.

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He further submits, along with applicant co-accused Aabid (brother-in-law) of the applicant was also made accused in the present matter and he has been released on bail by this Court and his bail order has been annexed as Annexure-6 to the affidavit.

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He further submits, there is no specific allegation against the applicant and it appears, on the basis of general allegation, applicant has been made accused in the present matter.

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 05.11.2024.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that applicant is Jeth of the deceased and there is no specific allegation against him and till date, it appears, even there is no evidence that deceased died under abnormal circumstances and brother-in-law (Bahnoi) of the applicant has already been released on bail by this Court and applicant is not having any criminal history, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Tarikat be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 20.1.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Tarikat v. State of U.P.

Case brief

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Tarikat v. State of U.P.

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