Dismissed

Niyaz Bano v. State of U.P. and Anr.

Allahabad HC7 Jul 2020ABAIL/1831/2020

Case brief

AI extract

What is this about?

The Single Judge dismissed the anticipatory bail application of Niyaz Bano in a dowry-harassment case involving Sections 498A and 323 IPC. The court noted the applicant failed to cooperate with investigation and previously neglected bail opportunities, citing Lavesh Vs. State.

What did the court decide?

Anticipatory bail application dismissed due to non-cooperation with investigation and failure to avail of earlier bail permits.

Niyaz Bano Vs State of U.P. and Anr. — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 71

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1831 of 2020

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Applicant :- Niyaz Bano Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.,Rakesh Kumar Verma

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Hon'ble Yashwant Varma,J.

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Heard learned counsel for the applicant, Sri R.K. Verma for the informant/complainant and Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.

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The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 65 of 2016, under Sections 498A, 323, 313, 506 I.P.C. and 3/4 of the Dowry Prohibition Act, 1961 , Police Station Mahila Thana, District- Moradabad.

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The Court finds no ground to accord the facility of anticipatory bail to the applicant here for reasons which stand recorded hereinafter. Upon lodging of the instant First Information Report on 9 February 2016, the applicant along with other coaccused preferred Criminal Misc. Writ Petition No. 7352 of 2016 (Mohammad Arif Usmani and 6 Others Vs. State of U.P. and 2 Others) . That petition came to be disposed of on 6 April 2016 referring parties to mediation. The mediation admittedly failed. Thereafter the petitioner and other co-accused preferred 482 application being Application U/s 482 No. 21956 of 2019 (Salim Ahmad and Anotheer Vs. State of U.P. and 2 Others) , in which the Court while refusing the prayer for quashing of proceedings permitted the applicant here to surrender before the concerned Court and to apply for bail. That liberty was also not availed of.

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Sri Verma, learned counsel for the informant has also drawn the

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attention of the Court to a separate F.I.R. being F.I.R. No. 0005/2019 under Section 174A of I.P.C. to submit that on account of non-cooperation of the applicant non bailable warrants were issued and that she is absconding.

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In that view of the matter and bearing in mind the law enunciated by the Supreme Court in Lavesh Vs. State (NCT of Delhi), (2012) 8 SCC 730 in respect of grant of anticipatory bail wherein applicant fails to cooperate in the investigation, the instant application is dismissed .

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Order Date :- 7.7.2020 Arun K. Singh

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(Yashwant Varma, J.)

Niyaz Bano v. State of U.P. and Anr.

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Niyaz Bano v. State of U.P. and Anr.

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