The Court allowed the bail application of the accused in a dowry death case converted to abetment to suicide under Section 306 IPC, finding no material to suggest abetment and noting no prior criminal record.
Released on bail with personal bond and two sureties of Rs.20,000/- each under specified conditions.
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Neutral Citation No. - 2024:AHC-LKO:21399
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 715 of 2024
Applicant :- Ayyub Khan Alias Sikandar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Lko.
Counsel for Applicant :- Faizal Hashmi,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.114 of 2023, under Section 306 IPC, Police Station Huzurpur, District Bahraich.
3 . In terms of the FIR, it was alleged that the sister of the informant was married to the applicant and sufficient dowry was also given. Subsequently, her body was recovered. The allegations of killing the daughter for dowry was levelled against the applicant and other family members. Subsequently, the offence was converted to the offence under Section 306 IPC. The cause of death is ante mortem drowning and no other injury was observed on the body of the deceased whose body was recovered from the Sarayu river.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the material on record; prima facie there is no material to suggest abetment at the instance of the applicant as defined under Section 107 of IPC and the law as explained in the case of Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 30.06.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
6. Let the applicant Ayyub Khan alias Sikandar be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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 officer or tamper with the evidence.
Order Date :- 11.3.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to be released on bail considering the absence of material to suggest abetment under Section 107 IPC.
Colour shows how this judgement treated each authority
Mariano Anto Bruno and another vs Inspector of PoliceApplied¶10
Mariano Anto Bruno and another vs Inspector of Police; 2022 SCC OnLine SC 1387 · Who else cites this
2 provisions across 1 enactments
Ayyub Khan Alias Sikandar
State Of U.P Thru. Prin. Secy. Home Deptt. Lko.
Pankaj Bhatia
As recorded by the court registry
3 orders share this CNR
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