Asheen @ Yaseen And Anr. vs The State Of U.P.
2015 Latest Caselaw 5650 ALL

Citation : 2015 Latest Caselaw 5650 ALL
Judgement Date : 22 December, 2015

Allahabad High Court

Asheen @ Yaseen And Anr. vs The State Of U.P. on 22 December, 2015

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 11518 of 2015
 

 
Applicant :- Asheen @ Yaseen And Anr.
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Vineet Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicants, learned A.G.A. and perused the record.

Learned counsel for the applicants submits that the applicants are jeth and jethani of the deceased. There was no dispute of demand of dowry. The applicants have not harassed or tortured to the deceased. There is general allegation against the applicants. No specific role has been assigned to them. At the time of the alleged incident the applicants were living separate from the deceased and her husband. In post-mortem report the cause of death of the deceased has been shown asphyxia as a result of ante-mortem hanging. The deceased has committed suicide herself. The applicants have no concern with the alleged incident. It has further been submitted that in this case the husband of the deceased has been convicted under Section 306 I.P.C. and Section 4 D.P. Act who has been enlarged on bail. There is no criminal history of the applicants and they are in jail since 19.09.2015.

Per contra, learned A.G.A. opposed the prayer for bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicants Asheen @ Yaseen and Sahnaaj Bano are involved in Case Crime No. 661 of 2013, under Sections 498-A, 304-B I.P.C. & 3/4 D.P. Act, Police Station Manjhila, District Hardoi, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

1. The applicants will not tamper with the evidence.

2. The applicants will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.

3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.

Order Date :- 22.12.2015

Jitendra