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Saieda Bano vs State Of U.P. on 24 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 11

Case :- BAIL No. – 9154 of 2019

Applicant :- Saieda Bano

Opposite Party :- State Of U.P.

Counsel for Applicant :- Anil Kumar Tiwari

Counsel for Opposite Party :- G.A.

Hon’ble Rajeev Singh,J.

Heard, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the applicant in Case Crime No.118 of 2019 under Sections 498A, Section304B I.P.C and Section 3/Section4 Dowry Prohibition Act, Police Station-Patranga, District-Faizabad, with the prayer to enlarge her on bail.

The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, she is having no previous criminal history and in jail since 23.07.2019. Learned counsel for the applicant has submitted that the applicant is the mother-in-law of the deceased. It is further submitted on behalf of applicant that it is undisputed that the marriage of deceased was solemnized with the Saleem Ahmad (son of the applicant). Learned counsel for the applicant has further submitted that the deceased committed suicide on 04.10.2018, the said information was given by the family members of the applicant to the parents of the deceased and they came to the place of incident and applicant also informed to the Police about the incident. Thereafter, on her information, the inquest of the body of the deceased was conducted on 05.10.2018 and the inquest report was prepared. The mother of the deceased namely Nahid Bano is the first witness of the inquest report and thereafter, the autopsy of the body of the deceased was conducted, but no any complaint was made at that time. After one month, on 25.11.2018 an application was given to the S.S.P Faizabad for lodging the FIR. Thereafter, she filed application under Section 156 (3) SectionCr.P.C. and under the order of the Magistrate, the FIR was registered on 08.06.2019 as FIR No.118 of 2019 (supra), as a result, the entire family members of the applicant were roped in. Learned counsel for the applicant has further submitted that in the inquest, the opinion of the witnesses are that the deceased committed suicide by hanging. Learned counsel for the applicant has further submitted that the co-accused Abdul Raheem and Mohd. Aleem have been granted bail by this Court, vide order dated 03.09.2019 passed in Criminal Misc. Bail Application No.8328 of 2019. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that the deceased died within seven years of her marriage.

Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant – Saieda Bano- be released on bail in Case Crime No.118 of 2019 under Sections 498A, Section304B I.P.C and Section 3/Section4 Dowry Prohibition Act, Police Station-Patranga, District-Faizabad, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 24.9.2019

Amit/-

 

 

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