Allowed

Moh. Shafiq v. State of U.P.

Allahabad HC4 Jul 2022BAIL/15518/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to Mohd. Shafiq in an IPC dowry death and cruelty case. The court found merit in the applicant's submission that the victim died of natural causes due to pre-existing ailments and that he was falsely implicated.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties; specific conditions imposed to prevent tampering with evidence or influencing witnesses.

Moh. Shafiq Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15518 of 2022

¶3

Applicant :- Mohd. Shafiq Opposite Party :- State of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.121 of 2021 at Police Station Gwaltoli District Kanpur Nagar under Sections 498-A, 304(B), 323, 504, 506 IPC and 3/4 Dowry Prohibition Act. The applicant is in jail since 10.09.2021.

¶6

The bail application of the applicant was rejected by learned Sessions Judge, Kanpur Nagar on 04.03.2022.

¶7

Shri P.K. Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The deceased was the wife of the applicant. The deceased was suffering from various serious ailments which were of chronic nature. She was being provided best medical attention that the applicant could afford. The post mortem report records that the lungs as well as kidneys were congested and presence of puss were found therein. Clotted blood was also present in the heart chamber. The victim died because of natural causes. Inquest report which was drawn up prior to the post mortem also records that in the opinion of the Punchas the victim was suffering from grievous

¶8

ailments prior to her death. The applicant and the victim were enjoying a harmonious relationship. The applicant did not make any demand for dowry nor did he harass the victim. There are no marks of any assault or indication of any unnatural death on the body of the victim. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

¶9

Shri Paritosh Kumar Malviya, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.

¶10

I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

¶11

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

¶12

Let the applicant-Mohd. Shafiq be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

¶13

(i) The applicant will not tamper with the evidence during the trial.

¶14

(ii) The applicant will not influence any witness.

¶15

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

¶16

(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

¶17

In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶18

Order Date :- 4.7.2022 Nadeem

¶19

Digitally signed by NADEEM AHMAD Date: 2022.07.05 17:52:58 IST Reason: Location: High Court of Judicature at Allahabad

Moh. Shafiq v. State of U.P.

Case brief

What is this about?

What did the court decide?

Moh. Shafiq 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

Arun Kumar Vs State of U.P.

Amit Vs State of U.P.

Rahmat Ali Vs State of U.P.

Seema Vs State of U.P.

Arvind Yadav Vs State of U.P.

Surendra Vs State of U.P. Thr Pri. Sec. Home Govt. of U.P.