Ompal v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 11392 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel for the complainant. 2-By means of this bail application, applicant-Ompal, who is involved in Case Crime No. 218 of 2024, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Bilari, District Moradabad seeks enlargement on bail during the pendency of trial. 3-This is second bail application of the applicant. The first bail application was rejected by this Hon'ble Court vide order dated 07.03.2025 in Criminal Misc. Bail Application No. 37919 of 2024.

¶4The main substratum of argument of learned counsel for the applicant is that first information report was lodged against Jitendra (husband), Smt. Kanti @ Kranti (mother-in-law) and Ompal (applicant), who is father-in-law of the deceased. It is further argued that co-accused Smt. Kanti @ Kranti has been granted bail by co-ordinate Bench of this Court vide order dated 25.09.2024 in Criminal Misc. Bail Application No. 28492 of 2024, therefore, the applicant, who is father-in-law of the deceased having no criminal history to his credit and languishing in jail since 02.05.2024, is also entitled to bail on the ground of parity. 5-Per contra, learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. Versus Counsel for Applicant(s) : Mohammad Danish, Ved Prakash Mishra Counsel for Opposite Party(s) : G.A. Ompal .....Applicant(s) State of U.P. .....Opposite Party(s)

6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that co-accused Smt. Kanti @ Kranti, who is mother-in-law of the deceased, under similar accusation, has been granted bail, as noted above, therefore, the applicant has made out a prima-facie case for bail on the ground of parity. 7-Accordingly, the instant bail application is allowed. 8-Let the applicant-Ompal, 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) That the applicant will cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

(ii) That 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.

(iii) That after her release, the applicant shall not involve in any criminal activity.

(iv) The identity, status and residential proof of sureties will be verified by court concerned. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. October 8, 2025 T.S. BAIL No. 11392 of 2025 (Sanjay Kumar Singh,J.) High Court of Judicature at Allahabad