Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25986 of 2019 Applicant :- Abdul Majid Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjai Kumar Pandey Counsel for Opposite Party :- G.A.,Shahroze Khan
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the complainant has filed counter affidavit, the same is taken on record.
Heard learned counsel for the applicant, Sri Shahroze Khan, learned counsel for the complainant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that the applicant is the father-in-law '(sasur)' of the deceased. He is an old man aged about 70 years. The applicant is innocent and has been falsely implicated in the present case. General and vague allegations have been made against the applicant. The case of the applicant is based on separate living and there was no occasion or motive for the applicant to indulge in any such crime. He has no concern with the so called demand of dowry and he is not the beneficiary of the same. The applicant never raised any demand for dowry. Under similar circumstances, Smt. Vasirulnisha @ Masidunnisha (mother-in-law) of the deceased has already been admitted to bail by this Court vide order dated 17.9.2019 in Criminal Misc. Bail Application No.36607 of 2019 (Smt. Vasirulnisha @ Masidunnisha vs. State of U.P.). Copy of bail order has been produced by learned counsel for the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 14.5.2019.
Sri Shahroze Khan, learned counsel for the complainant has vehemently opposed the prayer for bail and submitted that the post-mortem examination report is indicative of fact that the deceased was tortured prior to her death.
Learned A.G.A. has also opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Abdul Majid involved in Case Crime No. 117 of 2019, under Sections - 498A, 304B I.P.C. & 3/4 D.P. Act, Police Station - Dhebarua, District - Siddharth Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.9.2019 S Rawat