Qaiyum Ahmad v. State of U.P Thru. Prin. Secy. Civil Home Lko.
Case brief
What is this about?
The Allahabad High Court rejected bail prayer regarding a deceased child alleged to have been murdered by antemortem smothering, noting prima facie links and suspicious circumstances like the Urdu suicide note contradicting the victim's known abilities.
What did the court decide?
Bail application rejected; trial expedited; liberty to revive bail after recording fact witnesses.
What the court decided
Neutral Citation No. - 2024:AHC-LKO:35201
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3580 of 2024
Applicant :- Qaiyum Ahmad
Opposite Party :- State Of U.P Thru. Prin. Secy. Civil Home Lko. Counsel for Applicant :- Sachin Upadhyay,Shivendra S Singh Rathore Counsel for Opposite Party :- G.A.,Ahsan Ahmad,Mohammad Javed
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, Mohd. Javed who appears for the informant as well as Sri Ganesh Datt Bhatt, the counsel for the State and perused the record.
2. The accused-applicant seeks bail in Case Crime No.36 of 2024 under sections 498-A, 504, 302, 304-B IPC & Section 3/4 Dowry Prohibition Act, P.S. Kotwali Nagar, District Barabanki.
3. In terms of the FIR lodged on 18.01.2024, it was alleged that the marriage of the daughter of the informant was solemnized with the applicant in the year 2021 and after the marriage, they were residing in a rented accommodation. It was also stated that in the year 2022, a girl child was born out of the wedlock. It was also alleged that demands for dowry were being made on various occasions. It was also stated that on 30.12.2023, on an information received from the daughter that she was being harassed, the informant went to her matrimonial home and tried to counsel them, however the family was returned by the applicant. It was further stated that on 15.01.2024 in the morning, an information was given by the applicant that the health of the daughter of the informant was not well. It was also stated that when the informant went there, he saw the injuries on the body of the daughter and an apprehension was expressed that the applicant has killed the daughter. It was also stated that funeral was done on 16.01.2024 and thereafter the FIR was got registered on 18.01.2024.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the accused alleged of murdering his new-born child by antemortem smothering.
Whether the suicide note written in Urdu by the victim justifies the applicant's version of suicide asking him to be released on bail.
Parties & counsel
- applicant
Qaiyum Ahmad
- respondent
State of U.P through Prin. Secy. Civil Home Lko
Coram
Pankaj Bhatia
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/3580/2024
All orders in this case
4 orders share this CNR
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