Allowed

Ayyub Khan Alias Sikandar v. State of U.P Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC24 Jan 2024BAIL/715/2024

Case brief

AI extract

What is this about?

Bail application under Section 306 IPC arising from the death of the applicant's wife, whose body was recovered from the Sarayu river with ante mortem drowning as cause of death. The court found prima facie no material showing abetment under Section 107 IPC and granted bail.

What did the court decide?

Applicant released on bail on furnishing personal bonds and two sureties of Rs.20,000/- each, with conditions regarding hearings, conduct, and evidence tampering.

Ayyub Khan Alias Sikandar vs State of U.P Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21399

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 715 of 2024

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Applicant :- Ayyub Khan Alias Sikandar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Faizal Hashmi,Manoj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.114 of 2023, under Section 306 IPC, Police Station Huzurpur, District Bahraich.

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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.

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4. Learned A.G.A. vehemently opposed the bail prayer.

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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 .

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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:

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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 :- 11.3.2024 akverma

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

Ayyub Khan Alias Sikandar v. State of U.P Thru. Prin. Secy. Home Deptt. Lko.

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Ayyub Khan Alias Sikandar v. State of U.P Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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