Allowed

Parveen v. State of U.P.

Allahabad HC7 Mar 2019BAIL/9818/2019

Case brief

AI extract

What is this about?

Court No. - 50 allowed a bail application filed by Parveen, an old lady accused of homicide and dowry death. The court observed she has no criminal history and is living separately, finding her a fit case for bail subject to standard conditions.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to conditions regarding tampering with evidence, intimidation, and appearance in court.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9818 of 2019

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Applicant :- Parveen Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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According to prosecution case, F.I.R. was lodged by the informant against four accused persons namely, Arif, Parveen, Waseem and Sarwar alleging that the marriage of deceased Marsarat Jamal was solemnized with Arif before seven years, they demanded dowry as rupees ten lacs from the deceased for which the deceased was being tortured by them and on 1.5.2018 they killed Marsarat Jamal by strangulation.

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It is submitted by learned counsel for the applicant that applicant is old lady and mother-in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. Applicant has no concern with deceased and her husband. She is living separately. She is languishing in jail since 27.10.2018 (more than four months) having no criminal history 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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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Parveen involved in Case Crime No. 253 of 2018, under Sections 302, 498-A IPC and Section 3/4 Dowry Prohibition Act, P.S. Kurawali, District Mainpuri be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the

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court concerned subject to following conditions:

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

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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

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4.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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5.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 court below shall be at liberty to cancel the bail.

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Order Date :- 7.3.2019

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A. Singh

Parveen v. State of U.P.

Case brief

What is this about?

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Parveen v. State of U.P.

Case brief

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