Asgar v. State of U.P.
Case brief
What is this about?
In a bail application for dowry-related offences, the High Court allowed the application, noting the applicant's lack of criminal history and lack of specific evidence implicating him beyond general allegations.
What did the court decide?
Application for bail allowed; applicant to be released on furnishing personal bond and two sureties.
What the court decided
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19485 of 2019
Applicant :- Asgar Opposite Party :- State Of U.P. Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Yogendra Pal Singh, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against seven accused persons namely, Azad (husband), Shakila (mother-in-law), Asgar (father-in-law), Tarannum (jethani), Akaram (jeth), Bholu (jeth) and Julfkar alleging that the marriage of deceased Shayana was solemnized with Azad before four years, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 5.5.2018 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging. Hyoid bone was found intact.
It is submitted by learned counsel for the applicant that applicant is the father-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. 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 14.1.2019 (near about four 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.
Issues for consideration
2 issues framed by the court
Whether the applicant facing allegations of dowry harassment and dowry death is entitled to bail.
Whether the absence of independent witnesses and the applicant's lack of criminal history justify bail.
Parties & counsel
- applicant
Asgar
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/19485/2019
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