Allahabad High Court
Imtiyaz Hussain @ Bhaiya Ji vs State Of U.P. Thru Prin.Secy. Home ... on 26 September, 2022
Author: Saroj Yadav
Bench: Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1197 of 2022 Applicant :- Imtiyaz Hussain @ Bhaiya Ji Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lucknow Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A., Rajesh Kumar Srivastava, Sanjay Singh Hon'ble Mrs. Saroj Yadav,J.
This application has been filed with a prayer to release the accused applicant on bail in Case Crime No. 0087 of 2021, under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali Nagar, District Raebareli.
Heard Shri Shishir Pradhan, learned counsel for the accused applicant and Shri Anurag Verma, learned A.G.A. appearing on behalf of the State respondent.
Learned counsel for the accused applicant has submitted that the accused applicant is innocent and has falsely been implicated in the case. He further submitted that the deceased was demanding her share in the property of parents and her brother was not ready for the same, as such, she was under depression and committed suicide. He further submitted that the F.I.R. was lodged after a delay of three days and the accused applicant himself informed the parents of the deceased about her death. He further pointed out about the statement of the brother of the deceased, wherein he has stated that accused applicant wanted that the deceased should claim her share in her parental house. The accused applicant is languishing in jail since 14.02.2021, so the accused applicant should be enlarged on bail.
Contrary to it, learned A.G.A. appearing on behalf of the State -respondent has vehemently opposed the bail application of the accused applicant and submitted that the deceased died of hanging within seven years of her marriage in her matrimonial home and there are allegations in the F.I.R. that the deceased was subjected to cruelty for non-fulfillment of demand of dowry. Therefore, the accused applicant should not be enlarged on bail.
Considered the rival submissions and perused the record.
There are allegations in the F.I.R. that the deceased was subjected to cruelty for non-fulfillment of demand of dowry and she died of hanging within seven years of her marriage in her matrimonial home. The accused applicant being the husband of the deceased was fully responsible of security and welfare of his wife Considering all the facts and circumstances of the case and having regard to the nature and gravity of the offence, no case for bail is made out.
The prayer for bail is declined and the bail application is rejected.
(Mrs. Saroj Yadav, J.) Order Date :- 26.9.2022 Arun