Allowed

Mumtaz v. State of U.P.

Allahabad HC26 Apr 2019BAIL/17760/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the single Judge allowed bail to the applicant, Mumtaz, charged with offences under Sections 498-A, 304-B of the IPC and the Dowry Prohibition Act. The court accepted that the applicant resides separately and lacks criminal history, granting bail subject to standard conditions.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties, subject to conditions against tampering with evidence, intimidating witnesses, and committing similar offences.

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

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17760 of 2019

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Applicant :- Mumtaz Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, Sri Mayank Mishra, learned A.G.A. for the State and perused the record.

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According to prosecution case, F.I.R. was lodged by the informant against five accused persons namely, Irshad (husband), Rafiq (father-in-law), mother-in-law, Bhabhi and Devar alleging that the marriage of deceased Reshma Parveen was solemnized with Irshad befor six months, they demanded dowry as motorcycle and some cash from the deceased for which the deceased was being tortured by them and on 8.1.2019 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging.

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It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law. 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. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. She is living separately. Deceased has committed suicide herself. She is languishing in jail since 12.1.2019 (near about three and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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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 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 Mumtaz involved in Case Crime No. 28 of 2019, under Sections 498-A, 304-B IPC and Section 3/4

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Dowry Prohibition Act, P.S. Tronica City, District Ghaziabad 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 she is accused, or suspected, of the commission of which she 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 her 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 :- 26.4.2019 A. Singh

Mumtaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mumtaz v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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