Jammu & Kashmir High Court
Hafeeza Bi W/O Ahmeda vs Ut Of J&K Through Sho Police Station on 7 February, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Bail App No.169/2024
Reserved on :05.02.2025
Announced on: 07.02.2025
Hafeeza Bi W/o Ahmeda, Age 43 years
R/o Ward No.03, Sangla Surankote
District Poonch.
.....Petitioner(s)
Through: Mr. Sarfraz Shah, Advocate
Vs
UT of J&K through SHO Police Station, ..... Respondent(s)
Surankote, District Poonch
Through: Mr. Eishan Dadhichi, GA
Coram: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
JUDGMENT
1. Through the medium of instant bail application, the petitioner has sought
bail in anticipation of her arrest in connection with case FIR No.0053 of 2023
dated 01.04.2023 for offences under Section 306 IPC registered with Police
Station, Surankote, District Poonch.
2. The facts giving rise to the filing of instant bail application are that on
01.04.2023, SI Mohd. Shafiq produced a brief written report regarding inquest
proceedings under Section 174 Cr.P.C. into the death of one Shakeel Ahmed S/o
Gulzar Hussain R/o Bair Fazalabad, which were initiated at Police Station,
Surankote on 21.09.2022 vide DDR No.05 on receipt of a reliable information
that the dead body of one Shakeel Ahmed S/o Gulzar Hussain R/o Bair
Fazalabad, aged 27/28 years was found hanging with a tree at Dhara Sangla
under suspicious circumstances. To find the cause of death, S.I. Mohd. Shafiq
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was deputed, who, after completing all the required legal formalities into the
inquest proceedings, concluded that the deceased has committed suicide due to
repeated harassment/abetment of wife, namely, Safeena Akhter, Father-in-law,
Ahmed Din @ Ahmeda S/o Habiba and mother-in-law, Hafeeza and as a
consequence thereof, FIR No.53/2023 under Section 306 IPC was registered
against Safeena Akhter, Ahmed Din and Hafeeza (petitioner herein) and
investigation of the case has been entrusted to PSI Muzaffar Ahmad. The
grounds projected by the petitioner in support of the application inter alia are
that the FIR in question has been registered by the Police without application of
mind under the influence of relatives of the deceased; the petitioner is
commanding respect in the locality and is the only bread winner for the family
and if arrested, the family of the petitioner will face starvation; there is no
criminal antecedent against the petitioner till date nor has she been booked in
any criminal case; petitioner is a permanent resident of the UT having deep roots
in the society, so the question of her absconding does not arise; the prosecution
witness are partisan witnesses, as such question of influencing or winning over
them also does not arise; a false and frivolous FIR has been lodged by the
relatives of the deceased against the petitioner and other co-accused just to grab
the property of the deceased; the petitioner is apprehending her arrest in
connection with the false non-bailable case, therefore, is seeking bail in
anticipation of her arrest.
3. On being put on notice, the respondent resisted the application by filing
objections. The stand taken by the respondent to oppose the bail application of
the petitioner is that, from the statements recorded under Section 161 Cr.P.C.,
postmortem report, FSL report, offence under Section 306 IPC has been proved
against Safina Akhtar, Ahmed Din and Hafeeza (petitioner herein). In the
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objections, it is stated by the respondent that the co-accused namely Safina
Akhtar and Ahmed Din, after arrest, have been granted bail by the Judicial
Magistrate 1st Class, Surankote whereas arrest of the petitioner in the case is
only pending.
4. Heard learned counsel for the parties.
5. Perusal of the FIR indicates that the three persons including the petitioner
herein have abetted the deceased Mohd. Shakeel to commit suicide. As per the
respondents, the co-accused namely Safina Akhtar and Ahmed Din i.e. daughter
and husband of the petitioner have already been granted concession of bail by
the Judicial Magistrate 1st Class, Surnakote. The FIR came to be registered on 1st
April, 2023 and till date the petitioner has not been arrested although the co-
accused have been arrested and released on bail by the competent Court of
jurisdiction. In objections, the respondent nowhere states that the petitioner is
not cooperating in the investigation, which requires her arrest for custodial
interrogation. Therefore, there is no reason to believe that holding the accused
in custody for interrogation is required to effectively investigate the crime. Since
non-cooperation by the petitioner in the investigation is not
alleged, investigation can proceed without detaining the accused for questioning
more particularly when the co-accused have already been enlarged on bail.
6. The Court is satisfied, on the basis of the material available, that a prima
facie case for grant of anticipatory bail has been made out by the
applicant/petitioner.
7. Accordingly, it is directed that the petitioner , in the event of her arrest in
connection with FIR No.53/2023, registered at Police Station, Surankote for the
alleged commission of offences punishable under Section 306 IPC, she shall be
released on bail subject to following conditions:-
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i) She shall furnish a personal bond of Rs.50,000/- to the satisfaction of the
concerned Investigating Officer.
ii) She shall cooperate in the investigation of the case and shall appear before
the I.O as and when required;
(iii) she shall not leave the territorial limits of UT of Jammu and Kashmir
without prior permission of the I.O
(iv) she shall not temper with the prosecution evidence directly or indirectly.
Violation of any of the above conditions would entail cancellation of the
concession of bail granted in favour of the petitioner.
Disposed of in the above terms.
(Moksha Khajuria Kazmi)
Judge
Jammu
07.02.2025
Vinod, PS
Whether order is speaking: Yes
Whether order is reportable: No
Vinod Kumar
I attest to the accuracy and
authenticity of this document
Jammu
07.02.2025 16:24
