In this bail application, the High Court allowed the applicant's prayer for release on bail under Sections 498-A and 304-B IPC. The Court found it a fit case considering the applicant's age, no prior history, and specific factual circumstances.
The applicant Mohd. Qadir was released on bail on furnishing a personal bond and two sureties.
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. - 2024:AHC-LKO:15375 Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1721 of 2023
Applicant :- Mohd. Qadir Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko.
Counsel for Applicant :- Manoj Kumar Misra,Nishit Upreti
Counsel for Opposite Party :- G.A.,Mohammad Ahmad
Hon'ble Karunesh Singh Pawar,J.
Heard Shri Manoj Kumar Misra, learned counsel for the applicant, learned A.G.A. for the State and Mohammad Ahmad, learned counsel for the complainant as well as perused the record.
This is second bail application. The first bail application of the applicant has been rejected vide order dated 14.9.2022 by this Court.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.148 of 2020, under Section 498-A, 304-B Indian Penal Code and Section 3/4 Dowry Prohibition Act, Police Station Gudamba, District Lucknow.
Learned counsel for the applicant submits that cause of death is asphyxia as a result of antemortem hanging. The deceased Asiya Khatoon was a psychiatric mental patient. Prescriptions relating to her treatment are on record as Annexure-8 to the bail application. Earlier real
brother of the deceased also committed suicide. The family of the deceased as a suicidal tendency. The applicant, who is husband of the deceased, is 60 years old and the deceased was 35 years. There was a huge age difference between the two and that was the factor which may have weighted in her mind while committing suicide. The deceased was married against her wish as there was issue in her marriage due to her mental ailment. The applicant has no criminal history. The applicant is in jail since 24.5.2020.
Learned counsel for the applicant further submits that three prosecution witnesses of fact i.e. P.W.1,2 and 3 have been examined before the trial court namely Dilshad Hussain (the complainant), Waseema Khatoon (mother of the deceased) and Sadia Khatoon (sister-in-law of the deceased). He submits that there is no chance of tempering with the evidence. The applicant is in jail since 24.5.2020.
Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer, however, could not dispute the aforesaid facts.
On due consideration to the submissions advanced, perusal of the record as also the facts that the applicant is languishing in jail since 24.5.2020, the applicant is 60 years of age, he has no previous criminal history, three prosecution witness of fact have been examined, there is no chance of tempering the prosecution evidence and
cause of death is asphyxia as a result of antemortem hanging and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed. Let the applicant Mohd. Qadir be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 ofÏcer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 16.2.2024
Madhu
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the accused-applicant is eligible for bail considering his age, mental health irregularities in the case, and lack of prior criminal record.
Mohd. Qadir
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
