Allowed

Yasmeen v. State of U.P.

Allahabad HC13 Nov 2019BAIL/35660/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 35660 of 2019, the Allahabad High Court, Jasolj District Bench, allowed bail to Yasmeen, a female co-accused implicated in a murder case involving hiring assassins, distinguishing her situation from her husband's due to her lack of motive and criminal history.

What did the court decide?

Release on bail with personal bond and two sureties subject to standard conditions of not tampering with evidence or witnesses and appearing in court.

Yasmeen Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35660 of 2019

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Applicant :- Yasmeen Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Imran Khan,Anil Kumar Srivastava (Senior Adv.),Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A.,Anurag Agrahari,Dilip Kumar Goswami,Pranesh Kumar Mishra

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Hon'ble Rajul Bhargava,J.

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Heard Sri Anil Kumar Srivastava, learned Senior Advocate assisted by Sri Awadhesh Kumar Malviya, learned counsel for the applicant, Sri Girish Singh holding brief of Sri Dilip Kumar Goswami, learned counsel for the informant as well as learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicantYasmeen in Case Crime No. 51 of 2019, under Sections 302, 120-B, 494 I.P.C., Police Station- Dildarnagar, DistrictGhazipur with the prayer to enlarge her on bail.

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According to first information report, the prosecution case is that the first informant's sister Rukhsana was married to coaccused Niyaz about 35 years back and from the wedlock three children born. During the life time of his sister, Niyaz Ahmad solemnized Nikah with co-accused Yasmeen (applicant) and they were extending threats to the deceased. It is stated that on 17.3.2019 at about 8:45 PM two unknown motorcycle borne miscreants fired on the deceased who died on the spot and it is alleged that the first informant has full faith and belief that his sister has been murdered at the behest of her husband, Niyaz Ahmad and his second wife Yashmeen (applicant).

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Learned Senior Advocate has argued that except laying suspicion on the applicant and co-accused, there is absolutely no evidence whatsoever that the deceased was eliminated by the applicant and her husband after hatching conspiracy through hired assassins. It is further submitted that even in the statements of the son and daughter of the deceased except laying suspicion, they have not stated anything against the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 21.7.2019, having no criminal history to her credit, deserves to be released on bail.

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Per contra, learned A.G.A. as well as learned counsel for the

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informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant has very strong motive to eliminate the first wife of her husband as she had an evil eye on the property in which the deceased was residing. It is further submitted that so far as co-accused Niyaz Ahmad is concerned he is absconding and he has run away to Saudi Arabia.

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Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and the fact that the applicant is a lady, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

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Let applicant- Yasmeen be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

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1.The applicant shall not tamper with the prosecution evidence;

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2.The applicant shall not pressurize the prosecution witnesses;

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3.The applicant shall appear on the date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

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However, it is made clear that the case of co-accused Niyaz Ahmad who has strong motive to eliminate his first wife and who has also extended threats to her is distinguishable from that of the applicant.

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Order Date :- 13.11.2019 Vikas

Yasmeen v. State of U.P.

Case brief

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Yasmeen v. State of U.P.

Case brief

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