Allowed

Mudassir Khan v. State of U.P.

Allahabad HC9 Jan 2019BAIL/25204/2018

Case brief

AI extract

What is this about?

In a bail application filed under Sections 498A, 323, 495, 506 IPC and relevant provisions of the Dowry Prohibition and Prevention of Immoral Trafficking Acts, the Hon'ble Court granted bail to the applicant, Mudassir Khan, citing the larger mandate of Article 21 and the Dataram Singh judgment.

What did the court decide?

Respondent Mudassir Khan released on bail on furnishing personal bond and two sureties subject to specified conditions.

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

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25204 of 2018

¶3

Applicant :- Mudassir Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Sadab Khan,A.K.S.Parihar,Birendra Singh,Upendra Kumar Tiwari Counsel for Opposite Party :- G.A.,Mir Sayed,Revendra Singh

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

¶6

The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the first informant is bad character lady, she developed illicit relationship with one Shajad Khan who is property dealer on account of which dispute arose and first informant left the house of the applicant in absence of applicant, thereafter applicant made a written complaint to this effect at police station Ganga Ghat, Unnao on 02.01.2018. A copy of the written complaint has been annexed as Annexure No. 1 to the affidavit filed in support of bail application. It is also submitted that in a counter blast manner, on 06.01.2018 second wife of applicant/first informant lodged a first information report against the applicant along with co-accused persons. The said fact has been mentioned in para 8 to the affidavit filed in support of bail application. It is also submitted that the applicant has neither demanded any dowry from the first informant nor tortured her for dowry. The said fact has been mentioned in para 20 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 02.04.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

¶7

Learned A.G.A. has vehemently opposed the prayer.

¶8

Having heard the submissions of learned counsel of both sides,

¶9

larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

¶10

Let applicant Mudassir Khan be released on bail in Case Crime No. 6 of 2018, under Sections 498A, 323, 495, 506 IPC and 3/4 of the Dowry Prohibition Act and section 5 of the Prevention of Immoral Trafficking Act, Police Station- Babupurwa, DistrictKanpur Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶11

(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

¶12

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶13

Order Date :- 9.1.2019 Arti

Mudassir Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mudassir Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhola @ Layak Singh Vs State of U.P.

Sanju Vs State of U.P.

Ibban Khan Vs State of U.P.

Sadiq Ali and Another Vs State of U.P.

Arvind Kumar Vs State of U.P.

Sajid Thakur Vs State of U.P.