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Mobin @ Momin Khan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5434 of 2005 [2005] RD-AH 6156 (22 November 2005)


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Court No. 19

Crl. Misc. Bail Application No. 5434 of 2005

Mobin @ Momin Khan.....Vs.....State of U.P.


Hon'ble Alok Kumar Singh, J.

Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.

The applicant Mobin @ Momin Khan is involved in case crime No  44 of 2004, for the offences under Sections under Sections 498-A, 304-B I.P.C, and ¾ Dowry Prohibition Act, Police Station Acchalda , district Auraiya.

It was argued on behalf of the applicant-husband that there is an inordinate  unexplained delay of 13 days in lodging the F.I.R. The information regarding incident  was given by the husband of the  real sister residing  in the same village on the same day i.e. 14.7.2004 at 9.00 a.m. but the report was lodged on 27.7.2004 at 3.10p.m. It was also pointed out that being Muslims the evil of dowry demand is not so much prevalent amongst them. There is also no previous letter, report or any sort   of evidence to show the alleged demand of dowry after the marriage. The F.I.R. was lodged by brother Shamsuddin. His real brother Hasuddin was present at the time of Panchayatnama. He  also did not raise any objection/ complaint. As mentioned  hereinabove the is real sister, her husband and real brother of complainant were present in the same village but still the report could not be lodged for 13 days and there is no explanation at all  regarding this inordinate delay. There were no external injuries  and even  the bangles  were found intact in both the hands of the victim. In para 8 of the affidavit it was mentioned  that victim is first marriage took place with one Khudado in the year 1997 but he gave divorce  because she had illicit relation with another person and due to this the victim also had eaten a poisonous substance. These  contentions  have not been specifically denied in the counter affidavit. This uncontroverted  contentions  prima facie  support  the applicant's version that the victim had a tendency  to commit suicide  and that in the back drop of her earlier  divorce due to illicit relations  with another person, she probably committed suicide due to depression and frustration.  

Learned A.G.A. opposed  the bail application on the ground that   in muslim community  also the custom of dowry is becoming  prevalent  and that the marriage   took place within 7 years and hence  the burden  lies entirely on the applicant-accused.

In view of the entire  facts ,circumstance and considering  some of the argument advanced on behalf of the applicant as mentioned  therein above, without any prejudice  to the merit of the case I find it to be a fit case for granting bail.

Let the applicant Mobin @ Momin Khan involved  in case Crime No. 44 of 2004, under Sections 498-A, 304-B  I.P.C and ¾ Dowry Prohibition Act,  Police Station Acchalda, district Auraiya  be  enlarged on bail on his furnishing a personal bond and two sureties  each  in the like amount   to the satisfaction of the Court concerned.

 Dt. 22.11.2005.



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