Allowed

Jabbar Ali v. State of U.P.

Allahabad HC29 Apr 2019BAIL/17876/2019

Case brief

AI extract

What is this about?

The Single Judge allowed bail to Jabbar Ali, accused of dowry harassment and domestic violence resulting in death. Relying on the co-ordinate court's decision for a co-accused and lack of specific evidence against the applicant, the court fixed bond conditions and approved release after 18 months of detention.

What did the court decide?

Applicant released on bail upon furnishing personal bond and two sureties, subject to standard statutory conditions.

Jabbar Ali Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17876 of 2019

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Applicant :- Jabbar Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Sheshadri Trivedi,Ajay Kumar Pandey,Shri Satish Trivedi, Snr. Adv. 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, 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 four accused persons namely, Jabbar Ali, Sabira, Lala and Sanno alleging that the marriage of deceased Asama Bano was solemnized with Rangbaj before one year, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 8.10.2017 they killed her by setting her on fire.

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It is submitted by learned counsel for the applicant that applicant is the father-in-law. Co-accused Sabira has already been granted bail by co-ordinate Bench of this Court. 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. 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 was died after receiving head injury. He is languishing in jail since 18.10.2017 (more than one and half years) 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 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 Jabbar Ali involved in Case Crime No. 332 of 2017, under Sections 498-A, 304-B IPC and Section

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3/4 Dowry Prohibition Act, P.S. Shankrgarh, District Allahabad 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 :- 29.4.2019 A. Singh

Jabbar Ali v. State of U.P.

Case brief

What is this about?

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Jabbar Ali v. State of U.P.

Case brief

What is this about?

What did the court decide?

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