Smt. Mullayin Alias Aayesha Vs State of U.P. Thru. Prin. Secy. Home Lko.

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1231 of 2023

Applicant :- Smt. Mullayin Alias Aayesha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Gyanendra Pathak Counsel for Opposite Party :- G.A.,Upendra Kumar Verma

¶3

Hon'ble Subhash Vidyarthi,J.

¶4

Heard Sri Gyanendra Pathak, the learned counsel for the applicant, Sri Manish Kumar Pandey, the learned A.G.A. for the State as well as Sri Upendra Kumar Verma, learned counsel for the informant and perused the record.

¶5

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 202 of 2022, under Sections 498A, 304B, 302, 201, 34 I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Nawabganj, District Bahraich.

¶6

The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.10.2022 against the applicant and his two sons and two daughters stating that the informant's daughter Jainab got married to the applicant's son and co-accused Sahabuddin Khan about two years prior to the lodging of the F.I.R. On 23.09.2022, the informant went to enquire about the well being of his daughter but he could not find her in her matrimonial home and the accused person did not give any information regarding her, whereupon the informant lodged a missing report on 26.09.2022. Subsequently, the informant came to know that the accused person used to beat his daughter for pressing their demand of dowry due to which reason his daughter was living in his home. The informant expressed an apprehension that the accused person had killed his daughter and had made the dead body disappear.

¶7

The applicant's son Sahabuddin Khan was arrested on the same day and in his custodial statement, he confessed to have killed the informant's daughter. On his pointing out, the dead body of the deceased was recovered from a jungle. The co-accused Sahabuddin Khan had stated that he had taken the deceased on his motorcycle to a jungle where he slit her neck and killed her.

¶8

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case and she has no criminal history.

¶9

The learned A.G.A for the state has filed a counter affidavit

¶10

annexing therewith a copy of an additional statement of the coaccused Sahabuddin Khan recorded by the Investigating Officer wherein he has narrated an altogether different story and has implicated the applicant and her other son Shamshuddin also.

¶11

On the basis of the aforesaid additional statement, learned counsel for the informant has vehemently opposed the bail application and specific assertions have been made that the applicant had caught hold of the limbs of the deceased and husband of the deceased had killed her.

¶12

In the statement recorded under Section 161 Cr.P.C., co-accused Sahabuddin Khan has categorically stated that he had killed his wife in a jungle and on his pointing out, the dead body and parts of the pants worn by the co-accused Sahabuddin Khan at the time of the incident were recovered. There was no occasion for recording any subsequent statement, which runs contrary to the previous statement of the accused persons. The applicant has been implicated in the present case solely on the basis of the additional statement of the accused persons.

¶13

Having considered the aforesaid facts coupled with the fact that the applicant is a woman aged about 58 years and she has no criminal history and she has been languishing in jail since 03.10.2022, I am of the view that the applicant is entitled to be enlarged on bail in the aforesaid case.

¶14

Accordingly, this bail application stands allowed.

¶15

Let the applicant Smt. Mullayin Alias Aayesha , be released on bail in Case Crime No. 202 of 2022, under Sections 498A, 304B, 302, 201, 34 I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Nawabganj, District Bahraich. on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶16

(i) the applicant shall not tamper with the prosecution evidence;

¶17

(ii) the applicant shall not pressurize the prosecution witnesses;

¶18

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶19

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

¶20

Order Date :- 16.3.2023 Preeti.

¶21

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Smt. Mullayin Alias Aayesha v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Smt. Mullayin Alias Aayesha v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Chetram Lodh @ Jijau Vs State of U.P. Thru. Prin. Secy. Deptt. Home Secrt. Lko. and 3 Others

Raja Ram and 3 Ors. Vs State of U.P.

Asharam Vs State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko.

Hoshram Vs State of U.P. Thru.Addl . Chief Secy. Home Civil Secrt. Lko. and 3 Others

Sohan Giri Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Gajendra Yadav Vs State of U.P. Thru. Secy. Home Lko.