Faizan v. State of U.P.
Case brief
What is this about?
In a bail application concerning an FIR for dowry death and Attempted Murder, the Single Judge granted bail to the applicant, finding it a fit case at the instance stage without commenting on merits.
What did the court decide?
Released on bail with a personal bond and two sureties on furnishing of previous bond amount, subject to specific conditions regarding trial cooperation and lawful conduct.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7570 of 2019
Applicant :- Faizan Opposite Party :- State Of U.P. Counsel for Applicant :- Shamasul Eslam Counsel for Opposite Party :- G.A.,Brij Bhushan Pandey
Hon'ble Harsh Kumar,J.
Heard Shri Shamasul Eslam, learned counsel for the applicant, learned A.G.A., Shri Brij Bhushan Pandey, learned counsel for the first informant and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated for causing dowry death of Smt. Jainab with general allegations being Jeth of the deceased; that no specific role has been assigned to the applicant regarding demand of dowry or treating the deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that as per averments made in FIR, love marriage of Smt. Jainab was solemnized with Afghan on 22.6.02012 and since after marriage she was being treated with cruelty for non-fulfilment of demand of dowry and she was put to fire after pouring kerosene on her on 31.5.2016 and died on 16.6.2016 whereaftter she was cremated without postmortem of body; that applicant is earning his livelihood at Mumbai and was not living with Smt. Jainab, deceased, who was living with her father-inlaw and mother-in-law in District Azamgarh and her husband is working in Saudi Arabia; that applicant was not at all present at the spot at the time of incident; that case of applicant is distinguishable from co-accused Rehana and Irfan, mother-in-law and father-in-law of deceased; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 23.7.2018.
Issues for consideration
2 issues framed by the court
Whether the applicant Faizan is entitled to bail in a dowry death case.
Whether the applicant can be released on furnishment of a bond and sureties.
Parties & counsel
- applicant
Faizan
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/7570/2019
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