Dismissed

Shahbaj Ahmad @ Sabloo v. Sate of U.P. Thru. Prin. Secy. Deptt. Civil Sectt. Lko and Another

Allahabad HC4 Jan 2024ABAIL/2/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 Cr.P.C., the High Court of Judicature at Allahabad (Lucknow Bench) rejected the prayer for bail in a case implicating the applicant for dowry death under Sections 498-A, 304-B IPC and Section 3/4 DP Act, finding no good ground for release.

What did the court decide?

Prayer for anticipatory bail under Section 438 Cr.P.C. rejected. Future bail applications under Section 437/439 Cr.P.C. to be disposed expeditiously after hearing.

Shahbaj Ahmad @ Sabloo vs Sate of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:730

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2 of 2024

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Applicant :- Shahbaj Ahmad @ Sabloo Opposite Party :- Sate Of U.P. Thru. Prin. Secy. Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary.

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Heard Shri Pramod Kumar, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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The instant application has been moved by the accusedapplicant- Shahbaj Ahmad @ Sabloo in F.I.R./Case Crime No. 0433 of 2023, under Sections 498-A, 304-B, 328, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali Dehat, District Sultanpur with the prayer to enlarge him on anticipatory bail, as she is apprehending arrest in the above-mentioned case.

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Learned counsel for the applicant while pressing the anticipatory bail application submits that it is a case of false implication. Applicant is the brother-in-law (devar) of the deceased and he was not having any concern with the affairs of the deceased or her husband (his brother) since their marriage and was living separately in the same house. It is also highlighted that few days before the death of the deceased a sale deed was got executed in her name and in that document the instant applicant is a witness, therefore, the story of committing cruelty in lieu of any dowry have been carved out subsequently and could not be believed.

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It is further submitted that the death of the deceased could not be deemed to have occurred otherwise than in normal circumstances having regard to the opinion of the 'panch witnesses' recorded by the police official in the inquest report where the death is shown to have been caused by consuming some edible poisonous substance.

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It is further submitted that applicant is ready to cooperate in the investigation and would remain present before the investigating officer as and when his presence would be

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required.

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Learned A.G.A. on the other hand submits that the instant offence is an offence of its own class and having regard to the presumption, which has been provided under Section 113-B of the Indian Evidence Act, the applicant is not entitled to be released on anticipatory bail.

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Having heard learned counsel for the parties and having perused the record, it is reflected that the death of the deceased had occurred otherwise than in normal circumstances within seven years of her marriage with the brother of the applicant. Allegations have been levelled in the first information report as well as in the statements of the prosecution witnesses, whose statements have been recorded by the investigating officer that the deceased was being subjected to cruelty in lieu of demand of dowry. The death of the deceased had occurred in her matrimonial home (where the applicant was residing). The postmortem report of the deceased would reveal that her vital organs have been found congested and as the cause of death could not be ascertained, viscera of the deceased was preserved and in this regard, it is submitted on behalf of the State that primafacie it appears that the death of the deceased has been caused by consummation of some poisonous substance, which is covered under the definition of death otherwise than in normal circumstances.

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Having regard to all the facts and circumstances of the case as well as the material, which has been collected by the investigating officer so far against the applicant, I do not find any good ground to release the applicant on anticipatory bail.

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In result, the instant anticipatory bail application moved by the applicant- Shahbaj Ahmad @ Sabloo is, hereby, rejected.

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11 . However, it is provided that if any application for regular bail under Section 437/439 Cr.P.C. is moved by the applicant before the appropriate Court, the same shall be disposed of by the court concerned after providing an opportunity of being heard to the parties with utmost expedition.

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Order Date :- 4.1.2024 Praveen

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

Shahbaj Ahmad @ Sabloo v. Sate of U.P. Thru. Prin. Secy. Deptt. Civil Sectt. Lko and Another

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Shahbaj Ahmad @ Sabloo v. Sate of U.P. Thru. Prin. Secy. Deptt. Civil Sectt. Lko and Another

Case brief

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