Allowed

Smt Afsari v. State of U.P.

Allahabad HC11 Dec 2018BAIL/29804/2018

Case brief

AI extract

What is this about?

The Single Judge granted bail to Smt Afsari, the mother-in-law of the deceased, in a case under Sections 498-A IPC and 3/4 Dowry Prohibition Act, holding it a fit case due to release of identically placed co-accused relatives on bail. Bail was granted subject to strict conditions including personal bond and sureties.

What did the court decide?

Bail granted on furnishing personal bond and two heavy sureties subject to strict conditions; remains in jail pending surety verification.

Smt Afsari Vs State of U.P. — Anticipatory Bail | Allahabad HC (2018)

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Court No. - 54

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29804 of 2018

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Applicant :- Smt Afsari Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It is contended by the learned counsel for the applicant that co-accused Mahboob (father-inlaw of the deceased) and Shabeena (jethani of the deceased) have been granted bail by another Bench of this Court vide orders dated 2.5.2018 and 9.5.2018 passed in criminal misc. bail applications no.50036 of 2017 and 45397 of 2017. He further submits that role of the applicant (mother-in-law of the deceased) is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has been falsely implicated in the present case. She is in jail since 10.8.2017 and in case she is released on bail, she shall not misuse the liberty of bail.

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On the other hand, learned AGA opposed the prayer for bail.

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Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

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Let the applicant Smt. Afsari involved in Case Crime No. 582 of 2016 under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Aonla, District Bareilly be released on bail on her furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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.

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In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 11.12.2018

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Smt Afsari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Afsari v. State of U.P.

Case brief

What is this about?

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What the court decided

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