Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49214 of 2018 Applicant :- Abid Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is father-in-law of the deceased. He has no concern with this matter. Cause of death shown in the postmortem report is asphyxia. Viscera was also preserved. Injury was found on the neck. Referring to the contents of the F.I.R., it is further argued that facts mentioned in the F.I.R. against the applicant are false. No injury was found over the body of the deceased except the injury found on the neck. Neither the applicant raised any demand of dowry nor caused any cruelty to the deceased. Referring to the statement of witnesses recorded under section 161 Cr.P.C., it is further submitted that they themselves have admitted that applicant was living separately from the deceased and her husband. There are general allegations against the applicant. He is languishing in jail since 24.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. It is thus urged that the co-accused Smt. Zarina, who is the mother-in-law of the deceased has already been enlarged on bail by this Court, vide order dated 11.12.2018. The case of the present applicant is similar and identical to that of the co-accused Smt. Zarina. As such, the present applicant is also liable to enlarged on bail.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Abid involved in Case Crime No. 497 of 2018 under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Moondapandey, District Moradabad be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 21.12.2018 HSM