Allowed

Nanni Begum v. State of U.P.

Allahabad HC27 Jan 2020ABAIL/1060/2020

Case brief

AI extract

What is this about?

The court granted anticipatory bail to Nanni Begum, accused in a murder case (Sections 306 IPC, 34 D.P. Act), allowing release subject to non-interference with investigation, personal bond, and expeditious inquiry by police, noting her age and lack of criminal antecedents.

What did the court decide?

Anticipatory bail granted on furnishing personal bond and complying with conditions of appearance, non-interference, and passport deposit; investigation directed to be concluded within three months.

Nanni Begum Vs State of U.P. — Anticipatory Bail | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1060 of 2020

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Applicant :- Nanni Begum Opposite Party :- State of U.P. Counsel for Applicant :- Kashi Naresh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Kashi Naresh Mishra, learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.

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It has been contended by learned counsel for the applicant that the applicant is the mother-in-law of the deceased. The marriage of her son with the deceased took place in the year 2005 and they were living separately along with their children. The applicant had no concern with the daily affairs of the deceased and her son. At this stage, prima facie, there is no allegation of any abetment against the applicant which prompted the deceased to commit suicide. The applicant is a lady aged about 60 years. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. opposed the prayer for bail.

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Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that she has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant- Nanni Begum involved in Case Crime No. 616 of 2019, under Sections 498-A, 306 I.P.C. and 3/4 D.P. Act, Police Station- Delhi Gate, DistrictAligarh, she shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on her furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) the applicant shall make herself available for interrogation by a police officer as and when required;

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(ii) 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 him from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if she has passport the same shall be deposited by her before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed .

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Order Date :- 27.1.2020 Vikas

Nanni Begum v. State of U.P.

Case brief

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Nanni Begum v. State of U.P.

Case brief

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