The High Court granted bail to Mohd. Umar @ Doodhiya in a criminal case involving charges under Sections 498-A, 323, and 304-B IPC and Dowry Prohibition Act, setting specific conditions for release.
Released on bail with personal bond and two sureties subject to conditions regarding interference with evidence and appearance in court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48366 of 2019
Applicant :- Mohd. Umar @ Doodhiya Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged against five persons including the applicant. The applicant is not chachiya Sasur of the deceased and he has no relation with the family of in-laws of the deceased. He has been falsely implicated in this case. There is no eye witness of the alleged occurrence. In the statement of coaccused Shanu, the husband of the deceased, it has come that the injuries to the deceased were caused by the co-accused Shanu. The applicant had not committed the alleged offence. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 11.8.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Mohd. Umar @ Doodhiya involved in Case Crime No.0459 of 2019, under Section 498-A, 323, 304-B IPC and 3/4 D.P.Act, Police Station Civil Lines District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 18.11.2019 Gss
2 issues framed by the court
Whether the applicant is fit for bail in a case involving Section 498-A and 304-B IPC charges.
Whether false implication and lack of eyewitness justify granting bail.
2 provisions across 2 enactments
Mohd. Umar @ Doodhiya
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
