Hasmeen v. State of U.P.
Case brief
What is this about?
The Court granted bail to Hasmeen, an old woman accused of dowry-related offenses and murder/culpable homicide, noting co-accused admission to bail and lack of ante-mortem injuries, imposing strict conditions.
What did the court decide?
Applicant released on bail upon furnishing personal bond and two sureties with conditions regarding court attendance and trial conduct.
What the court decided
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26468 of 2018
Applicant :- Hasmeen Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.,Shyam Shanker Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri. Neeraj Kumar Srivastava holding brief of Sri. Mohd. Aslam, learned counsel for the applicant, Sri S.S. Pandey, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 767 of 2017, under Sections-498A, 304B, 315 I.P.C. and Section-3/4 Dowry Prohobition Act, Police Station - Gangoh District - Saharanpur, with the prayer to enlarge her on bail.
Learned counsel for the applicant contended that the applicant is an old lady and she has been falsely implicated in the present case. Learned counsel for the applicant further contended that no ante-mortem injuries have been found on the person of the deceased, no specific role has been assigned to her and she never demanded any dowry. It is further submitted that she resides separately from the deceased. lt is further contended that under the similar circumstances, co-accused-Irshad, who is the 'devar' of the deceased has been admitted to bail by this Court, vide order dated 24.8.2018 passed in Criminal Misc. Bail Application No.32179 of 2018. It is next contended that the applicant is languishing in jail since 13.2.2018.
Issues for consideration
1 issue framed by the court
Whether the applicant, an old woman alleged to be falsely implicated in dowry-related death case, is eligible for bail.
Parties & counsel
- applicant
Hasmeen
- respondent
State Of U.P.
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/26468/2018
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