Allowed

Shadab v. State of U.P.

Allahabad HC10 Dec 2019BAIL/54709/2019

Case brief

AI extract

What is this about?

Hon'ble Bachchoo Lal, J. in Crim. Misc. Bail Application No. 54709 of 2019 granted bail to Shadab in a dowry death case involving Sections 498-A and 304-B IPC. The court found it a fit case for bail based on the lack of direct evidence against the applicant.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each with conditions to not tamper with evidence, intimidate witnesses, and cooperate with trial court.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54709 of 2019

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Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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Learned counsel for the applicant submits that the applicant is devar of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. As per postmortem report, the deceased died due to burn injuries. There is no dying declaration of the deceased. There is no direct evidence against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The case of the applicant is distinguishable from the case of the husband of the deceased who is in jail. There is no criminal history of the applicant and is in jail since 16.9.2019.

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Per contra, learned AGA opposed the prayer for bail.

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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.

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Let the applicant Shadab involved in Case Crime No. 174 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Maharajganj District Azamgarh 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;

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The applicant will not tamper with the evidences.

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The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.

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The applicant will appear on each and every date fixed by

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the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

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Order Date :- 10.12.2019 Gss

Shadab v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shadab v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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