Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7228 of 2021 Applicant :- Noor Jahan And And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Anjeet Singh Counsel for Opposite Party :- G.A.,Mohd. Monis
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicants, Sri Mohd. Monis, learned counsel for the informant and learned A.G.A for State through video conferencing. Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed with a prayer to grant anticipatory bail to the applicants,Noor Jahan and Mohd. Irfan, in Case Crime No.141 of 2020, under Sections-498-A, 307, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station-Hathgwan, District-Fatehpur.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
Applicants are the mother-in-law and brother-in-law (dewar) of the deceased. There are allegation of dowry death against them.
Learned counsel for the applicants submits that co-accused, Gulshan Jahan, married Nanad was granted anticipatory bail by this Court.
There is dying declaration wherein applicants were clearly implicated by the deceased. They have been assigned the role of catching hold, pouring kerosene oil on the body of the deceased and putting her on fire.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants and has placed dying declaration which shows active role of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
Considering the facts of the case, it is not a fit case for granting anticipatory bail. It is accordingly rejected.
Order Date :- 24.5.2021 SS