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Noorjahan vs State Of U.P. on 14 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 32885 of 2019

Applicant :- Noorjahan

Opposite Party :- State Of U.P.

Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Case called out repeatedly.

It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.

I have heard the learned A.G.A./brief holder for the State and perused the record.

Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that the applicant is innocent and has been falsely implicated in this case. She happens to be mother-in-law ‘(sas)’ and merely on account of his relationship with the husband of the deceased, she has been deliberately roped-in, in this case. There is no motive to commit the offence. She has no concern with the so called demand of dowry and she is not the beneficiary of the same. The applicant never raised any demand for dowry. Under similar circumstances, co-accused Nathoo Ansari (sasur of the deceased) has already been admitted to bail by this Court on 1.7.2019 in Criminal Miscellaneous Bail Application No.25858 of 2019, copy whereof has been produced by the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal previous history and is languishing in jail since 8.7.2019.

Learned A.G.A. has vehemently opposed the prayer for bail.

Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out for bail.

Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

Accordingly, bail application is allowed.

Let the applicant – Noorjahan involved in Case Crime No. 103 of 2019, under Sections – 498A, 304B SectionI.P.C. and 3/4 SectionDowry Prohibition Act, Police Station – Kothibhar, District – Mahrajganj be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 14.8.2019

S Rawat

 

 

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