Allowed

Mobin Ahmad v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Allahabad HC8 Feb 2024/467/2023

Case brief

AI extract

What is this about?

Hon'ble Pankaj Bhatia, J. allowed bail application of Mobin Ahmad, a 60-year-old father-in-law accused of dowry death and murder. The court found no specific allegations against him, noted co-accused were already on bail, and granted release on personal bond with two sureties.

What did the court decide?

Applicant released on bail with personal bond and two sureties under Sections 498-A, 304B, 302, 201 IPC and Dowry Prohibition Act.

Mobin Ahmad Vs State of U.P. Thru. Prin. Secy. Deptt. of… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11832

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 467 of 2023

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Applicant :- Mobin Ahmad

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Anil Kumar Tripathi,Aman Kumar Shrivastav,Suraj Singh Visen

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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In terms of the F.I.R., it was alleged that the daughter of the informant was married to the son of the applicant around two years. Subsequently, it was alleged that the entire family members had killed the daughter of the informant.

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It is argued on behalf of the applicant that the applicant is the father-in-law and has separate living. The cause of death, as per the post mortem report, is ante mortem injuries. It is further argued that two of the co accused another son of the applicant as well as one other co accused namely Aklimunnisha @ Hakeekun and Mustkim have been enlarged on bail vide orders dated 11.11.2022 and 2.1.2023, respectively passed by Co-ordinate Benches of this Court, hence, the applicant who is in custody since 5.8.2022, hence the applicant may be released on bail.

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Per contra , learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the fact that co accused have been granted bail by the co-ordinate benches of this Court; there is no averments against the applicant that soon before the death the applicant had subjected the deceased to any mental or physical harassment in relation to demand of dowry and prima facie, there being general allegations against the entire matrimonial family

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and nothing specific is against the applicant, coupled with the fact that the applicant is aged 60 years and is in jail since 5.8.2022 having no criminal antecedents, I am of view that the applicant is entitled for bail.

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Accordingly, the present application is allowed.

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Let the applicant Mobin Ahmad be released on bail in Case Crime/ FIR No.121 of 2022 (S.T.No.916 of 2022), under Sections 498-A, 304B, 302 and 201 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Khodare, District Gonda on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: -

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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.

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Order Date :- 8.2.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Mobin Ahmad v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Case brief

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Mobin Ahmad v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko.

Case brief

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What did the court decide?

What the court decided

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