Allahabad High Court
Marji Ram vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 23 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:22925 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3409 of 2025 Applicant :- Marji Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ram Sajivan Verma,Amrit Kumar Tiwari,Rakesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ram Sajivan Verma, learned counsel for the applicant, Sri Anurag Verma, learned Additional Government Advocate-I for the State and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0002 of 2025, under Sections 85/80(2) and 238 B.N.S. and Section 3/4 D.P. Act, registered at Police Station Asandra, District Barabanki.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.01.2025 at 21.00 Hrs. against the applicant, his wife, son and daughter, stating that the informant had got her daughter married to the applicant's son/co-accused- Updesh on 28.04.2024. All the accused persons used to harass her for demanding dowry and on 26.12.2024 the applicant's son telephonically informed the informant's husband that his daughter was seriously ill. Upon reaching her matrimonial home, the informant and her husband found their daughter dead. There were sign of strangulation with a rope, but when the informant made inquiries in this regard, the accused persons got infuriated and they cremated the dead-body in a haste.
4. The FIR alleges that information of the incident was given to the police on 26.12.2024 but the report was not lodged.
5. The informant and her husband have supported the FIR version in their statements recorded by the investigating officer.
6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the co-accused Gyanwati has already been enlarged on bail by this court by means of an order dated 17.04.2025, passed in Criminal Misc. Bail Application No.3201 of 2025.
7. The learned Additional Government Advocate has opposed the bail application and submitted that allegations have been established during investigation and a charge-sheet has been filed on 15.02.2025
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant's daughter died on 26.12.2024, her dead-body was cremated after the informant and her husband had reached there and yet there is nothing on record to substantiate that information of the death was given to the police or to any other authority before her cremation and, therefore, the inquest or postmortem examination has not been conducted; the FIR has been lodged after about a week since the incident and besides the statements of the informant and her husband there is no other material to support the allegations; the applicant has no criminal history and he is languishing in jail since 08.01.2025, whereas the investigation already stands concluded and the co-accused has already been granted bail by this court, 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.
9. Accordingly, this bail application stands allowed.
10. Let the applicant- Marji Ram 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 magistrate/court concerned, subject to following conditions:-
(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, unless his appearance is exempted by the learned trial court.
(Subhash Vidyarthi, J.) Order Date :- 23.4.2025 Ram.