Single judge court allowed bail application filed by Firdaus Ahmad in a case involving Sections 306, 498-A IPC and Dowry Prohibition Act, framing special conditions for release.
Released on personal bond subject to two sureties after restoration of normal functioning of courts.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47151 of 2021
Applicant :- Firdaus Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Rai,Sr. Advocate Counsel for Opposite Party :- G.A.,Jitendra Prasad Mishra
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, Sri Avnish Maurya, Advocate, holding brief of Sri Jitendra Prrasad Mishra, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Firdaus Ahmad with a prayer to release him on bail in Case Crime No.207 of 2021, under Sections 306, 498-A I.P.C. & 3/4 Dowry Prohibition Act, P.S. Ghoorpur, District Prayagraj during pendency of the trial.
Learned counsel for the applicant submits that applicant is husband and has been falsely implicated in the present case as marriage was prior to seven years and deceased has committed suicide, dead body has been recovered after breaking the door by the police. Suicide note has been recovered in which the deceased has made allegation against mother-in-law. As per postmortem report, cause of death is hanging. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 10.06.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Firdaus Ahmad be released on bail in Case Crime No.207 of 2021, under Sections 306, 498-A I.P.C. & 3/4 Dowry Prohibition Act, P.S. Ghoorpur, District Prayagraj, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to
following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.12.2021/SKD
3 issues framed by the court
Whether the applicant is entitled to release on bail in a case involving Sections 306, 498-A IPC and Dowry Prohibition Act.
Whether the balance of probabilities favors the applicant despite pending prosecution.
Whether special precautionary conditions should be imposed on bail release.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
Firdaus Ahmad
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
Parties & counsel
