Allowed

Gobare @ Anwar Khan v. State of U.P. Thru. Prin. Secy. Home, Civil Secrtt. Lko.

Allahabad HC9 Feb 2024BAIL/1511/2024

Case brief

AI extract

What is this about?

In a bail application under ICT 498A, 304-B IPC and Dowry Prohibition Act, the court allowed bail noting no material on record suggests mental/physical harassment prior to death. The applicant was enjoying bail on personal bonds and two sureties.

What did the court decide?

Released on bail by executing bond to attend hearings, avoiding similar offences, and not interfering with investigation or tampering with evidence.

Gobare @ Anwar Khan vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45898

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1511 of 2024

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Applicant :- Gobare @ Anwar Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Secrtt. Lko.

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Counsel for Applicant :- Sandeep Singh,Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Opposite Party :- G.A.,Faizal Hashmi,Rohit Kumar Verma

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Shri Tausif Ali, learned counsel for the respondent complainant as well as learned A.G.A. and perused the record.

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The applicant seeks enlargement on bail in FIR/Case Crime No.83 of 2023, under Section 498A, 304-B, 302 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Nawabganj, District Bahraich.

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In terms of the FIR, it was alleged that the daughter of the informant was married to the applicant around three years ago and she was being harassed for demand of dowry. Subsequently, an information was given that she she has committed suicide. However, an apprehension was expressed that the applicant had committed her to death.

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In the light of the said allegations, learned counsel for the applicant drawn my attention to the post mortem report on record according to which the cause of death is shown to ante mortem strangulation and apart from the mark on the neck, no other injury was visible over the body of the deceased. It is further argued that on account of the fact that hyoid bone was found fractured, a medical view was formed that the cause of death is ante mortem strangulation which according to the applicant is not justified keeping in view of the nature of the injuries indicated in the post mortem

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report.

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Learned counsel for the applicant has further drawn my attention to the Modi's " A Textbook of Medical Jurisprudence and Toxicology" Volume 26 Chapter 20 to highlight that with the said post mortem report, the death can be presumed to be suicidal. Hence, the applicant who is in jail since 15.5.2023 having no criminal history, hence the applicant may be enlarged on bail.

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Learned counsel for the respondent complainant as well as learned A.G.A. opposed the prayer for bail.

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Considering the aforesaid submissions, even if the death is on account of suicide and the death occurred within seven years of marriage, prima the applicant who is a husband can be prosecuted for the offence under Section 304-B I.P.C., however, from the allegations in the F.I.R. and other material, there is no material on record to suggest that soon before the death, the applicant had subjected the deceased to any mental or physical harassment in relation to demand of dowry and considering the fact that till date no even the charge has been framed by the trial court and the applicant is languishing in jail since 15.5.2023 having no criminal history, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant Gobare @ Anwar Khan be released on bail in the above said 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:

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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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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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Order Date :- 5.7.2024

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Shukla

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

Gobare @ Anwar Khan v. State of U.P. Thru. Prin. Secy. Home, Civil Secrtt. Lko.

Case brief

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Gobare @ Anwar Khan v. State of U.P. Thru. Prin. Secy. Home, Civil Secrtt. Lko.

Case brief

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What did the court decide?

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