Allowed

Maruf v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC19 May 2023/784/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Maruf S/o Makhbool, an accused in a dowry-related murder case. The court observed that co-accused persons have been granted bail and one was exonerated, the applicant has no criminal history, and the facts were sufficient for bail enlargement.

What did the court decide?

The applicant was released on bail on personal bond with two sureties.

Maruf Vs State of U.P. Thru. Prin. Secy. Home Lko. — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:35141

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 784 of 2023

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Applicant :- Maruf Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Adil Aziz Khan Counsel for Opposite Party :- G.A.,Ajeet Kumar

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri B.Q. Siddiqui, Advocate, holding brief of Sri Adil Aziz Khan, learned counsel for the applicant, Sri Sanjay Srivastava, learned Addl. Government Advocate, Sri Ajeet Kumar, learned counsel for the informant and perused the record.

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By means of the instant application the applicant Maruf S/o Makhbool seeks bail in Case Crime No. 520 of 2021, under sections 498-A, 304-B, I.P.C., and section 3/4, Dowry Prohibition Act, 1961, P.S. Foolbehad, District Kheri.

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The aforesaid case has been registered on the basis of a First Information Report (F.I.R.) lodged on 13.12.2021 against the applicant, his father, mother and brother, alleging that the informant had got his daughter married to the applicant about four years ago; that two daughters were born out of the wedlock; that all the accused persons used to harass her for demanding dowry and at about 7.00 a.m. on 13.12.2021 all the accused persons killed her by administering poison to her.

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In the postmortem examination report of the victim, two contusions have been reported- one contusion of size 3Cm. x 1Cm. over right side of face, and another contusion of size 4Cm. x 3Cm. over right buttock. In the viscera examination report an insecticide has been found in her stomach.

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In the affidavit filed in support of the bail-application it has been stated that the applicant is innocent. He has been falsely implicated in the present case and he has no criminal history.

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Learned counsel for the applicant has submitted that coaccused persons Makhbool and Shamsun Nisa have been granted bail by this Court. Their bail-orders have been annexed as Annexure Nos. 7 and 8 to the affidavit filed in support of the bail-application. The counsel has also stated that Co-accused Harun, who is brother of the applicant, had been exonerated by the investigating officer.

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Learned counsel for the informant as also the learned A.G.A. have opposed the bail-application, but could not dispute the aforesaid facts.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the deceased died four years after her marriage and after giving birth two children, due to consumption of poison; that the F.I.R. contains similar allegations against four accused persons, one of whom has already been exonerated and two have been granted bail, coupled with the fact that the applicant has no criminal history and he is in jail since 20.04.2022, without making any observation, 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 Maruf S/o Makhbool be released on bail in the aforesaid Case Crime No. 520 of 2021, under sections 498-A, 304-B, I.P.C., and section 3/4, Dowry Prohibition Act, 1961, P.S. Foolbehad, District Kheri, on his furnishing a

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personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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 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 :- 19.5.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Maruf v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Maruf v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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