Rasida Bano v. State of U.P.
Case brief
What is this about?
The Court rejected an anticipatory bail application filed by Rasida Bano in a dowry death case. The Bench considered the nature of the offence and the circumstances surrounding the deceased's death.
What did the court decide?
Prayer for anticipatory bail under Section 438 Cr.P.C. is refused.
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.
Neutral Citation No. - 2023:AHC:230761
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12753 of 2023
Applicant :- Rasida Bano Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Singh,Arvind Singh Patel Counsel for Opposite Party :- G.A.,Javed Alam
Hon'ble Nalin Kumar Srivastava,J.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- This application has been moved on behalf of the applicant Rasida Bano seeking anticipatory bail in Case Crime No. 251 of 2023, under Sections 498A, 323, 506, 304B I.P.C. & 3/4 D.P. Act, Police Station- Ghoorpur, District- Prayagraj.
- Anjum Bano, the sister of the informant was married with Kamran Ali @ Guddu but her in-laws were not satisfied with the dowry given in their marriage and she was subjected to cruelty and harassment for demand of additional dowry and ultimately her dowry death was caused by her in-laws. FIR was lodged on 20.07.2023 and investigation started, which is going on.
- It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further submitted that investigation is going-on and till date no chargesheet has been submitted against the accused applicant. It is further submitted that no demand of additional dowry was ever made by the in-laws of the deceased and she was never torture by any of her in-laws. It is further submitted that the FIR of this case has been lodged for some ulterior motive to grab the money from the poor in-laws of the deceased. It is further submitted that during five years of marriage no complaint was ever made by the informant side anywhere in respect of the alleged demand of dowry or cruelty caused to the deceased. It is also submitted that in the post mortem report of the deceased no external injury has been found by the doctor except ligature mark in the neck of the deceased. The cause of death is asphyxia due to ante mortem hanging. It is further submitted that the applicant was living separately from the deceased, daughter-in-law and her son and she has absolutely no concern with the alleged suicide committed by the deceased. It is
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail under Section 438 Cr.P.C. in the case of a dowry death.
Whether the allegations against the applicant are credible sufficient to deny anticipatory bail.
Parties & counsel
- applicant
Rasida Bano
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- ABAIL/12753/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court