Allowed

Jabbar Ahmad v. State of U.P.

Allahabad HC30 Jan 2023BAIL/56899/2022

Case brief

AI extract

What is this about?

The Allahabad High Court considered a bail application by Jabbar Ahmad, father-in-law of a deceased, accused of wife battery and dowry-related offences. The court allowed bail on a personal bond and two sureties, imposing standard conditions to prevent tampering and ensuring appearance in court.

What did the court decide?

Release on bail with a personal bond and two sureties subject to conditions against tampering and absence.

Jabbar Ahmad Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56899 of 2022

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Applicant :- Jabbar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Anand Tripathi,Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A.,Gaurav Kumar Shukla,Vishveshwar Mani Tripathi

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Hariom, Advocate holding brief of Sri Gaurav Kumar Shukla, learned counsel for the informant and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 210 of 2020, under Sections 498A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kaptanganj, District Basti with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that the applicant is the father-inlaw of the deceased Fatima Khatoon. The marriage of the deceased was solemnized with the son of the applicant Junaid on the basis of love affair. It is submitted that general allegation are levelled against the applicant in the first information report. Similarly placed co-accused Fareeda Begum who happened to be mother-in-law of the deceased, has been granted bail by this Court vide order dated 11.07.2022 in Criminal Misc. Bail Application No.4690 of 2021. It is submitted that applicant was residing separately with his son and the deceased since he started living with his in-laws. The applicant is ailing person, in this respect, the papers relating to treatment were also filed with this bail application. It is further submitted that applicant is languishing in jail since 08.11.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Jabbar Ahmad in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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

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(2). The applicant will not influence any witness.

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

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(4). 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 to any police officer or tamper with the evidence.

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

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Order Date :- 30.1.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Jabbar Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jabbar Ahmad v. State of U.P.

Case brief

What is this about?

What did the court decide?

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