Anwari Begum v. State of U.P.
Case brief
What is this about?
Single-judge court rejected the second bail application of the applicant charged with murder (petrol bombing) and dowry offences. Rejection held in view of the dying declaration implicating the applicant and the hostililty of prosecution witnesses. Court directed completion of trial within six months.
What did the court decide?
Second bail application rejected; no bail granted.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23755 of 2022
Applicant :- Anwari Begum Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Yadav,Afshan Shafaut,Dileep Kumar Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is second bail application of the applicant. The first being Criminal Misc. Bail Application No. 10559 of 2020 was rejected on merits by Hon'ble Dinesh Kumar Singh-I, J. (as he then was) vide order dated 14.12.2020.
This application has been filed by the applicant seeking bail in Case Crime No. 609 of 2019, under Sections 498A, 302 IPC, Police Station Kotwali, District Prayagraj, during pendency of trial.
Learned counsel for the applicant has drawn the attention of the Court to the statement of the prosecution witnesses i.e. PW-1 and PW-2, recorded during the course of trial, in which, both have not supported the prosecution story and have been declared hostile.
Learned counsel for the applicant has next submitted that the applicant is mother-in-law of the deceased and is in jail since 06.08.2019. Looking to the statement of both the prosecution witnesses, who have been declared hostile, applicant may be released on bail.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant charged with setting the deceased ablaze given the hostililty of prosecution witnesses.
Whether the hostililty of prosecution witnesses PW-1 and PW-2 is a sufficient ground to release the applicant on bail in a murder case.
Whether the impugned bail application filed under Sections 498A and 302 IPC should be allowed or rejected.
Parties & counsel
- applicant
Anwari Begum
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/23755/2022
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