High Court
Case Details
Neutral Citation No. - 2025:AHC:65083 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13803 of 2025 Applicant :- Asagar Ali Opposite Party :- State of U.P. Counsel for Applicant :- Satish Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Satish Chandra Singh, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Asagar Ali, seeking enlargement on bail during trial in connection with Case Crime No. 176 of 2024, under Sections 80(2), 85 B.N.S. and 34 Dowry Prohibition Act, registered at P.S. Dumariyaganj, District- Siddharth Nagar. 4. The F.I.R. of the matter was lodged on 26.10.2024 by Abdul Mobin against Amiruddin (Devar) and Nazbunnisha (mother-in- law) with the allegation that marriage of his daughter Samina Khatoon was solemnized with Jamaluddin around 6 years back in which he had given gifts and dowry as per his status. After marriage the accused persons used to torture and harass his daughter. They were counseled many times but they did not stop. On 26.10.2024 at about 12.00 P.M. when elder son of the deceased had gone to school and younger daughter was in the house, the accused persons in a planned manner committed murder of his daughter by assaulting with knife. Her mother-in-law absconded while Amiruddin went to the Police Station with knife and surrendered. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is nandoi (brother-in-law) of the deceased. It is submitted that the applicant is not named in the F.I.R. It is submitted that investigation in the matter proceeded and the statement of the first informant recorded under Section 180 B.N.S.S. in which the applicant was not named. Subsequently after two months of the incident an application was given by Jamaluddin the husband of the deceased to the Superintendent of Police concerned that the applicant and the wife of the applicant were also involved in the present matter and the matter is not being properly investigated. It is submitted that on the said application Superintendent of Police concerned vide his order dated 17.12.2024 directed to transfer of investigation and its proper investigation. It is submitted that then the statement of first informant Abdul Mobin was recorded again who then names the applicant as one of the accused and then the applicant has been made accused. It is submitted that the applicant has been made falsely implicated in the present case with malafide intentions and afterthought. It is submitted that the applicant has no other criminal antecedents as stated in para-32 of the affidavit and is in jail since 08.03.2025. 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is nandoi (brother-in-law) of the deceased. The applicant is not named in the F.I.R. His implication in the matter has surfaced on an application of the husband of the deceased given to Superintendent of Police concerned on which an order was passed by him on 17.12.2024 for change of Investigating Officer and proper investigation of the matter. The applicant has thus been made accused in the present matter. Co-accused Amiruddin (Devar) had surrendered who is named in the F.I.R. with the weapon of assault, reference of which finds place in the F.I.R. itself. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Asagar Ali, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed.
Decision
12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 28.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad