In this criminal miscellaneous bail application, the single judge held that the case constitutes a fit circumstance for granting bail to the applicant, who was father-in-law of the deceased and had no criminal history.
Bail allowed; applicant released on personal bond with two sureties subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15880 of 2019
Applicant :- Abdul Sattar Opposite Party :- State Of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh,Amar Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against four accused persons namely, Israr, Rabiya, Sabir and wife of Sabir alleging that the marriage of deceased Shahin was solemnized with Israr before three years, they demanded dowry as rupees two lacs, fridge and rupees two lacs from the deceased for which the deceased was being tortured by them and on 20.11.2018 they killed her by setting her on fire pouring kerosene. During investigation, the name of applicant was surfaced.
It is submitted by learned counsel for the applicant that applicant is the father-in-law of deceased. 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. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced. He has no concern with the demand of dowry and he is not beneficiary of the same. Applicant has no concern with deceased and her husband. He is living separately. Deceased has committed suicide herself. He is languishing in jail since 25.12.2018 (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.
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.
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 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.
Let the applicant Abdul Sattar involved in Case Crime No. 160 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Nagina Dehat, District Bijnor 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:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
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.
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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.4.2019 A. Singh
2 issues framed by the court
Whether bail should be granted to the applicant charged with dowry death and related offences.
Whether the applicant, having no criminal history and no independent evidence against him, satisfies bail conditions.
Abdul Sattar
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
