Allowed

Khusboon v. State of U.P.

Allahabad HC18 Aug 2020BAIL/17547/2020

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant charged under Section 302 IPC. Grant relies on prima facie satisfaction while imposing strict conditions regarding adjournments, presence, passport surrender, and prohibition on disposing of security properties.

What did the court decide?

Release on bail with personal bond and two sureties each, subject to undertaking not to seek adjournments, appear in person for critical dates and surrender passport.

Khusboon Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

In Chamber

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17547 of 2020

¶3

Applicant :- Khusboon Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Bhushan Kunwar,Kamal Krishna (Senior Advocate) Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ramesh Sinha,J.

¶5

Heard Sri Kamal Krishna, learned Senior Advocate, assisted by Sri Shashi Bhushan Kunwar, learned counsel for the applicant, Sri Sanjay Sharma, learned A.G.A. appearing for the State through Video Conferencing and perused the record.

¶6

It has been contended by the learned counsel for the applicant that the applicant along with her husband,namely, Ajare Hushain and five others who are family members of the applicant, have been named in the present F.I.R. He further submitted that the deceased was the son-in-law of the applicant who was married to her daughter, namely, Roshan Begum. He next submitted that one of the sister of the deceased, namely, Gulshan Khatoon was also married in the house of the applicant with her son Irshad. All the family members of the applicant including the wife of the deceased, namely, Roshan Begum are in jail in the present case, whereas Smt. Gulshan Khatoon who is sister of the deceased, has been made a eye witness in the present case and as per her statement under Section 161 Cr.P.C. she has only assigned the role to the applicant that she was surrounding to the deceased when the incident took place at their house. The applicant is in jail since 30.7.2019.

¶7

Learned A.G.A. opposed the prayer for bail and submitted that as per the post mortem report, the cause of death of the deceased is smothering, but he could not dispute the fact that the applicant is mother-in-law of the deceased and as per the the statement of Smt. Gulshan Khatoon recorded under Section 161 Cr.P.C. the only role assigned to the applicant is that she was surrounding to the deceased when the incident took place at their house.

¶8

Taking into account the fact that the applicant is mother-in-law of the deceased, without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of

¶9

the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

¶10

Let the applicant- Khusboon involved in Case Crime No.95 of 2019, under Section 302/34, 120-B I.P.C., Police Station Sukhpura, District Ballia be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned and the court concerned shall take an undertaking from the sureties that the properties movable/immovable which are the basis of accepting the surety, shall not be disposed of by them during the pendency of the trial with the following conditions:-

¶11

(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶12

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

¶13

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.

¶15

(v) The applicant shall surrender her passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by her from this Court or till the conclusion of the trial.

¶16

The case of the applicant is distinguishable from the other co-accused persons.

¶17

The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

¶18

The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶19

Order Date :- 18.8.2020 NS

¶20

Digitally signed by Justice Ramesh Sinha Date: 2020.08.18 15:37:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Khusboon v. State of U.P.

Case brief

What is this about?

What did the court decide?

Khusboon v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rampal Bhartiya and 22 Others Vs State of U.P. and 2 Others

Ganesh Chaudhary Vs State of U.P.

Sanjay Kumar Bind @ S. R. Bind Vs State of U.P.

Rohit Shrma @ Chhotu Vs State of U.P.

Maya Devi Vs State of U.P.

Lal Singh @ Aditya Vs State of U.P.