Allowed

Aslam v. State of U.P.

Allahabad HC8 Apr 2019BAIL/12229/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 12229 of 2019, the Court considered the plea for bail of Aslam, accused under Sections 498-A, 304-B IPC and the Dowry Prohibition Act. The applicant alleged false implication and lack of physical evidence. The Court deemed it a fit case for bail and released him subject to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties, subject to conditions against tampering, intimidation, and absconding.

Aslam Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12229 of 2019

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Applicant :- Aslam Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey

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Counsel for Opposite Party :- G.A.,Ajendra Kumar

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.

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According to prosecution case, F.I.R. was lodged 21.11.2018 (after eight days of incident) by the informant against four accused persons namely, Asalam, Amin, Nazma and Azad alleging that the marriage of deceased Nagma was solemnized with Aslam on 2.7.2018, they demanded additional dowry as rupees two lacs and motorcycle from the deceased for which the deceased was being tortured by them and on 13.11.2018 they killed Nagma by setting her on fire pouring diesel. Statement of deceased Nagma was recorded, she stated that her cloths caught fire at the time of cooking; her brother-in-law (devar) rescued.

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It is submitted by learned counsel for the applicant that applicant is the husband. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. According to dying declaration of deceased, nobody has killed her and deceased has stated that her cloths caught fire at the time of cooking. Applicant is the husband of deceased, hence he has been falsely implicated. He is languishing in jail since 21.12.2018 (more than three and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant opposed the prayer for bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion

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on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Aslam involved in Case Crime No. 327 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Nidhauli Kalan, District Etah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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

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4.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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5.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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 8.4.2019 A. Singh

Aslam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aslam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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