Allowed

Farhat Jahan @ Munni v. State of U.P.

Allahabad HC20 Jun 2023BAIL/21719/2023

Case brief

AI extract

What is this about?

This court entertained a bail application raised by a person accused of offences under Section 498-A, 304-B IPC and Dowry Prohibition Act. The applicant, an elderly woman with heart disease and no specific role assigned in the post-mortem, sought release due to her health and false implication. The court found a case for bail, considering the applicant's medical condition and the lack of concrete

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each in like amount.

Farhat Jahan @ Munni Vs State of U.P. — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127448

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21719 of 2023

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Applicant :- Farhat Jahan @ Munni Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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Order on Bail Application:

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Heard learned counsel for the applicant and learned A.G.A. for the State and gone through the record.

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This bail application has been moved on behalf of accusedapplicant-Farhat Jahan @ Munni, who is involved in Case Crime No. 0606 of 2019 under Sections 498-A, 323, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Kithor, District-Meerut.

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The allegation of the F.I.R. is that marriage of Sitara was solemnized with Danish, the son of the applicant in the year 2015. Danish and his family members were not satisfied with the dowry and used to torture and demand additional dowry. In the night of 29.09.2019 it came to the notice of first informant that Sitara has died. When he reached on the spot, he saw that foam was emanating from the mouth of the victim and there were injuries of assault on her body. After investigation, charge-sheet was submitted.

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Learned counsel for the applicant has contended that the applicant is mother-in-law of the deceased. There are general allegation of demand of dowry and torture and no specific role has been assigned to the applicant while in the post mortem report no

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external injuries have been found on the body of the deceased. The cause of death could not be ascertained and viscera was preserved. In the viscera report cause of death was found poisoning. It is further contended that the applicant is suffering from heart disease. During investigation, the applicant was released on personal bond taking into consideration her medical condition and the Investigating Officer has recorded the statement of the doctor who has treated the applicant. The applicant had no concern with matrimonial affairs of the deceased and her husband. She has been falsely implicated in the present case with mala fide intention. The applicant is in jail since 03.05.2023, having no criminal history to her credit. The applicant undertakes that in case she is released on bail, she will not misuse the liberty of bail, will not tamper with prosecution evidence and cooperate with trial. She is ready to furnish sufficient and reliable sureties. Therefore, the applicant may be released on bail during pendency of trial.

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Learned A.G.A. appearing for the State contended that the applicant is the mother-in-law of the deceased. There are allegations of demand of dowry and torture against her also. The deceased has died unnatural death within seven years of her marriage under suspicious circumstances. The offence is heinous in nature, hence bail is opposed.

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Considering rival submissions of the parties, nature of allegations made in the F.I.R., the nature and gravity of offence, the evidence and other material available in the case diary and all other facts and attending circumstances of the case, without expressing any opinion on merits of case, this court is of the opinion that a case for grant of bail to the applicant is made out.

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The bail application is, accordingly, allowed.

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Let the applicant-Farhat Jahan @ Munni involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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i. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial

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ii. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In breach of any condition enumerated above, the trial court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 20.6.2023 MN/-

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Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad

Farhat Jahan @ Munni v. State of U.P.

Case brief

What is this about?

What did the court decide?

Farhat Jahan @ Munni v. State of U.P.

Case brief

What is this about?

What did the court decide?

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