Kurkut Alias Jibreel Khan Alias Jibrail v. State of U.P. Thru. Secy. Home Civil Sectt. Lko
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Court No. 28); Neutral Citation 2024:AHC-LKO:75034; CRIMINAL MISC. BAIL APPLICATION No. 3704 of 2024; decided 13.11.2024 by Hon'ble Brij Raj Singh, J. Bail allowed under Section 439 Cr.P.C. in FIR/Case Crime No. 51 of 2023, Section 302 IPC, P.S. Nawabganj, District Bahraich. Grounds: P.W.-1 (brother of deceased) did not support prosecution case in cross-examination (report lodged on hearsay; Dupatta fastened in pump set); P.W.-2 (mother of deceased) declared hostile, no support to dowry demand allegation; A.G.A. (Sri Rajdeep Singh, A.G.A.-1) could not dispute witness conduct; applicant in jail since 20.03.2023, no criminal history. Conditions imposed referencing Sections 229-A and 174-A IPC and Sections 82 and 313 Cr.P.C. Counsel: Sri Abhishek Mishra for applicant; G.A./A.G.A. for State of U.P.
What did the court decide?
Bail granted to the applicant in Case Crime No. 51 of 2023 (Section 302 IPC, P.S. Nawabganj, District Bahraich) on furnishing a personal bond and two sureties each in the like amount, subject to conditions: (i) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present; (ii) presence before the trial court on each date personally or through counsel, failing which proceedings may lie under Section 229-A IPC; (iii) upon misuse of bail liberty and issuance of proclamation under Section 82 Cr.P.C. with failure to appear, proceedings under Section 174-A IPC; (iv) personal presence at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.