Allowed

Mohammad Wahaj v. State of U.P.

Allahabad HC4 Apr 2023BAIL/13679/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Mohammad Wahaj, who was accused of instigating the deceased to commit suicide under Section 306 IPC. The court found that the applicant made out a case for bail and released him on personal bond and sureties subject to standard conditions.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two heavy sureties subject to specified conditions.

Mohammad Wahaj Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13679 of 2023

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Applicant :- Mohammad Wahaj Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Akram Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Shri Mohammad Akram, learned counsel for the applicant as well as Shri Vibhav Anand Singh, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No.03 of 2023, under Section 306 I.P.C., Police Station Kiratpur, District Bijnor, during the pendency of trial.

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As per prosecution story, the marriage of the applicant was solemnized with the deceased as per Muslim Rites about ten years before her death. The applicant and his brother Rahat are stated to have subjected her to cruelty for demand of dowry thereby leading her to commit suicide on 01.01.2023.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by two days and there are general allegations in it. There is no overt act assigned to the applicant of having instigated the deceased to commit suicide. Learned counsel has further stated that there are three offsprings born out of the said wedlock. The eldest one is eight years old, second one is six years old and the third is eight months infant. The three children have been forced to lead a life of destitution and vagrancy as the applicant is languishing in jail. Learned counsel has further stated that the deceased was a lady of short temper and as such has committed suicide on her own. There is nothing on record to suggest that the applicant has intentionally aided or acted in a way that she may commit suicide. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 04.01.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions raised by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Mohammad Wahaj involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii). The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 4.4.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Mohammad Wahaj v. State of U.P.

Case brief

What is this about?

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Mohammad Wahaj v. State of U.P.

Case brief

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