Allowed

Imtiyaz Hussain @ Bhaiya Ji v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Secrt. Lko.

Allahabad HC4 Mar 2024BAIL/2499/2024

Case brief

AI extract

What is this about?

Second bail application in a dowry death case. Court noted post mortem showed ante mortem hanging with no other injuries, no evidence of harassment soon before death for dowry, no criminal history, and long custody since 14.02.2021. Bail allowed on bonds and sureties with standard conditions.

What did the court decide?

Applicant released on bail on personal bond and two reliable sureties of Rs.20,000 each, subject to conditions.

Imtiyaz Hussain @ Bhaiya Ji vs State of U.P. Thru. Its… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:57287

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2499 of 2024

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Applicant :- Imtiyaz Hussain @ Bhaiya Ji Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Suvivek Bajpai 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, Sri Ashwani Kumar, learned counsel for the informant as well as learned A.G.A. and perused the record.

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2 . This is the second bail application. The first bail application was rejected vide order dated 26.09.2022.

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3 . The submission of the counsel for the applicant is that as per the post mortem report the cause of death is ante mortem hanging and no other injury apart from the ligature mark are visible on the body of the deceased. The applicant has no criminal history and is in custody since 14.02.2021.

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4. Learned A.G.A. as well as the counsel for the informant opposed the bail prayer.

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5. Considering the post mortem report on record and there is nothing on record to demonstrate that soon before the death, the deceased was subjected to any mental and physical harassment in relation to the demand of dowry coupled with the fact that the applicant has no criminal history and is in custody since 14.02.2021 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, 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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6. Let the applicant Imtiyaz Hussain @ Bhaiya Ji be released on bail in FIR/ Case Crime No. 0087 of 2021, under Sections 498A, 304-B IPC and Section 3/4 D.P. Act, Police Station Kotwali Nagar, District Raebareli, 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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(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.

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Order Date :- 22.8.2024 Arun

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

Imtiyaz Hussain @ Bhaiya Ji v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Secrt. Lko.

Case brief

What is this about?

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Imtiyaz Hussain @ Bhaiya Ji v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Civil Secrt. Lko.

Case brief

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What did the court decide?

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