Allowed

Smt. Akbari v. State of U.P.

Allahabad HC5 Nov 2019BAIL/34170/2019

Case brief

AI extract

What is this about?

Crim. Misc. Bail Application allowed by the Hon'ble Om Prakash-VII, Court No. 74. Applicant Smt. Akbari released on bail with personal bond and two heavy sureties subject to standard conditions against tampering and intimidation in a case involving Sections 498A and 304-B IPC.

What did the court decide?

Applicant released on bail furnishing personal bond and two heavy sureties each subject to conditions against tampering, pressuring witnesses and committing similar offences.

Smt. Akbari Vs State of U.P. — Corruption | Allahabad HC (2019)

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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34170 of 2019 Applicant :- Smt. Akbari Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.,Sumod Kumar Srivastava

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Hon'ble Om Prakash-VII,J.

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Heard Shri Zafeer Ahmand, learned counsel for the applicant and Shri Sumod Kumar Srivastava, learned counsel for the informant as well as learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. Applicant is mother-in-law of the deceased. She has no concern with the present matter. She was falsely implicated on the basis of false facts. Although cause of death of deceased is strangulation but nothing was specified in the FIR about the role played by the applicant. Statement of the accused-applicant recorded by the police cannot be accepted as piece of evidence. The applicant is old age lady. The applicant has no criminal history. She is languishing in jail since 18.05.2019 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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On the other hand, learned AGA as well as learned counsel for the informant opposed the prayer for bail and argued that cause of death is strangulation. Co-accused, the husband of the victim has confessed the guilt specifying the role of the applicant also.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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.

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Let the applicant Smt. Akbari involved in Case Crime No. 141 of 2019, under Sections 498A, 304-B, 323, 316 IPC and Section 3/4 D.P. Act, P.S. Bilari, District - Moradabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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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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 prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 5.11.2019//Sanjeet

Smt. Akbari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Akbari v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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