Allowed

Md. Meher Ali v. the State of Assam

Gauhati HC4 Feb 2020Bail Appln./102/2020

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused-petitioner seeking relief under Section 439 CrPC in a case alleging dowry death and cruelty. The court noted lack of medical evidence or material proof regarding poison or torture.

What did the court decide?

Bail granted on furnishing a bond of Rs. 20,000 with one surety of the like amount to the satisfaction of the CJM, Kamrup (R), Amingaon.

Md. Meher Ali Vs the State of Assam — Dowry and Cruelty | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010005622020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Bail Appln. 102/2020

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1:MD. MEHER ALI S/O ARAN ALI VILL-HATISHALA PAM P.S.-CHHAYGAON DIST-KAMRUP ASSAM

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

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Advocate for the Petitioner : MR. N HUSSAIN Advocate for the Respondent : PP ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 04-02-2020

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Heard Mr. B. Chowdhury, learned counsel for the accused-petitioner as well as Mr. NJ Dutta, learned Additional P.P., Assam, appearing on behalf of the State/respondent .

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By this application, under Section 439 CrPC, the petitioner, namely, Md. Meher Ali, has prayed for regular bail in connection with Chhaygaon PS Case No. 1075/2019 registered u/s

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Page No.# 2/2

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498(A)/313/304(B)/34 IPC (GR No. 2713(K)/2019.

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Perused the case records and the case diary.

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Deceased, sister of the informant, entered into marriage with the present petitioner, against the consent of their family members, in the last year and at the time of her two months pregnancy, she returned home wherein she died after staying two months in her parental house.

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The brother of the deceased alleged that the victim was forcefully administered some poisonous medicines by her husband and in-laws for which baby died inside womb and the victim also died subsequently for such reason.

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Post-mortem report does not indicate as to the cause of death as the viscera was sent for examination. Other evidence so available in the case diary, reveals that there are some sort of vague allegation, without any description in the matter of torture etc. to the effect that the victim was subjected to mental and physical torture by the accused persons. There is absolutely no such material as regards any demand of dowry etc. and no medical evidence is also surfaced to hold that miscarriage of the victim was done at the instance of the accused persons. Save and except, some vague allegation of the deceased family, no any proper evidence is available against the petitioner/husband.

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Considering all entirety and also the length of detention in custody, the accusedpetitioner, named above, is allowed to go on bail in connection with the aforesaid case, on furnishing bail bond of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned CJM, Kamrup (R), Amingaon.

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The application stands disposed.

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JUDGE

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Milansinha/

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Comparing Assistant

Md. Meher Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Meher Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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