Azam Ali vs State Of U.P.
2019 Latest Caselaw 445 ALL

Citation : 2019 Latest Caselaw 445 ALL
Judgement Date : 5 March, 2019

Allahabad High Court

Azam Ali vs State Of U.P. on 5 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9183 of 2019
 

 
Applicant :- Azam Ali
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Nabi Ullah
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that applicant is father-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. In fact, the deceased has committed suicide. In postmortem report the cause of death of the deceased has been shown asphyxia due to shock as a result of ante mortem hanging. At the time of alleged incident the applicant was living separate from the deceased and her husband. He has falsely been implicated in the present case. There is general allegation against the applicant. No specific role has been assigned to him. The case of the applicant is distinguishable from the case of husband of the deceased. The co-accused Shakeela (Chachiya Sas) of the deceased has already been released on bail by another bench of this court vide order dated 13.2.2019 in Criminal Misc. Bail Application No. 6423 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 20.12.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Azam Ali involved in Case Crime No. 87 of 2018, under section 498A, 304B IPC and Section 3/4 D.P. Act, P.S. Barsathi, District Jaunpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 applicant.

Order Date :- 5.3.2019

Masarrat