Allowed

Sakeena Bano @ Rahmana v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko.

Allahabad HC18 May 2023/5335/2023

Case brief

AI extract

What is this about?

Single judge of Allahabad High Court allowed bail to the applicant, a 70-year-old woman, in a murder and dowry death case after noting her age, lack of criminal history, and the confession of a co-accused.

What did the court decide?

Applicant to be released on bail furnishing personal bond and two sureties in like amount to the satisfaction of the Magistrate/Court concerned.

Sakeena Bano @ Rahmana Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:34753

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5335 of 2023

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Applicant :- Sakeena Bano @ Rahmana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko.

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Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rajendra Prasad Advocate holding brief of Sri Ajey Singh, the learned counsel for the applicant as well as Sri Manoj Kumar Sahu, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 119 of 2022, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Baundi, District Bahraich.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 05.05.2022 against five named accused persons including the applicant, stating that the informant had got her daughter married to the applicant's son Imran on 03.05.2021 and all the accused persons used to harass her for demanding dowry and on 04.05.2021, the accused persons killed the informant's daughter.

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The post mortem examination report mentions numerous injuries on the dead body of the deceased and the cause of death has been opined to be shock and hemorrhage due to ante mortem injuries.

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The learned counsel for the applicant has submitted that co-

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accused Irfan, has already been granted bail by means of an order dated 21.03.2023 passed by a coordinate bench of this Court in Criminal Misc. Bail Application No. 69 of 2023. The aforesaid co-accused has been granted bail after noting that he was living at Mumbai at the relevant time and that he is not named in the F.I.R, therefore, the applicant's case is not at par with the case set up against the co-accused Irfan.

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The state has filed a counter affidavit annexing therewith copies of the statement recorded during investigation. The applicant's son Irfan (co-accused) has stated that he had beaten the deceased with a sticks and she died due to the injuries.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is an old women aged about 70 years having no criminal history and coaccused Imran has confessed that he had killed the deceased and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

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Accordingly, this bail application stands allowed.

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Let the applicant- Sakeena Bano @ Rahmana be released on bail in Case Crime No. 119 of 2022, under Sections 498-A, 304-B, 302 I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Baundi, District Bahraich, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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

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

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

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the trial court.

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

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(Subhash Vidyarthi,J.)

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Order Date :- 18.5.2023 Preeti.

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

Sakeena Bano @ Rahmana v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko.

Case brief

What is this about?

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Sakeena Bano @ Rahmana v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

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