Hon'ble Aniruddha Singh, J. allowed bail to the applicant, Zamil Khan, in a dowry death case, holding that he had made out a sufficient case for release after considering his lack of criminal history and the general nature of allegations.
Request for bail allowed; applicant released on personal bond and two sureties with standard conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2846 of 2019
Applicant :- Zamil Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.,Kartikey Singh
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against six persons namely, Sakeel, Jameel Khan, Smt. Marjeena (mother-in-law), Parveen(jethani), sister-in-law and brother-in-law(Nandoi) alleging that marriage of Shyana(daughter of first informant) was solemnized with Sakeel on 6.7.2018 but they used to torture her for nonfulfillment of demand of Rs.1,00,000/- in dowry and on 7.9.2018 they killed her. According to postmortem report, a ligature mark was present on neck and cause of death was found due to asphyxia as a result of antemortem hanging.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 2.10.2018(more than four months) having no criminal history. He is father-inlaw and has been falsely implicated. He was living separately from deceased and her husband. The applicant had neither any concern with so-called demand nor he was beneficiary. General allegation has been made against all the family members. There is no independent witness. Deceased died herself by committing suicide. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view
that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Zamil Khan involved in Case Crime No.744 of 2018, under Section 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Naujheel, District Mathura 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:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 13.2.2019 P.P.
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving dowry death allegations under Sections 498-A and 304-B IPC?
Zamil Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
