Allowed

Hazrat Ali v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

Allahabad HC17 Jan 2024/271/2024

Case brief

AI extract

What is this about?

In a bail application under sections 498-A, 304-B IPC and Domestic Violence Act, the Allahabad High Court allowed bail citing the applicant's lack of criminal history and the grant of bail to a co-accused in similar circumstances, without expressing an opinion on the merit of the case.

What did the court decide?

The applicant awarded a personal bond and two sureties under prescribed conditions.

Hazrat Ali Vs State of U.P. Thru. Prin. Secy… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4604

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 271 of 2024 Applicant :- Hazrat Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Ankit Kumar Pandey,Hari Mangal Singh,Yogendra Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

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2. It is alleged in the first information report that daughter of the informant was married with Taj Mohammad two years ago. Her husband, father in law and Nanad use to beat her often due to less dowry given in the marriage. On 2.1.2023, she has been done to death by throttling.

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3.Learned counsel for the applicant submits that the allegations in the first information report and the statement of the complainant are falsified with the post mortem report where ante mortem hanging has been found as the cause of death. It is submitted that from the post mortem, it is clear that it is a case of suicide and not throttling as alleged by the complainant. General and sweeping allegation has been levelled on the accused. General allegations levelled by the complainant are not proximate to the time of death of the deceased. The applicant has no previous criminal history.

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The co-accused Nagma against whom similar allegations were levelled has been enlarged on bail by a coordinate Bench of this Court vide order, Annexure-4.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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5. Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, the applicant has no criminal history, the fact that the applicant is father in law, coaccused Nagma against whom similar allegations were levelled has been enlarged on bail by a coordinate Bench of this court, arguments advanced by learned counsel for the parties, the

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applicant is in jail since 7.1.2023, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed.

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6. Let the applicant Hazrat Ali, involved in Case Crime No.02/2023 under sections 498-A, 304-B I.P.C. and 3, 4 D.P. Act, P.S. Mohan Lal Ganj, district Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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 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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(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.

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(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 sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(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.

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7. Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case.

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Order Date :- 17.1.2024/kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Hazrat Ali v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

Case brief

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Hazrat Ali v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

Case brief

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