Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34428 of 2021 Applicant :- Afsar Opposite Party :- State of U.P.
Counsel for Applicant :- Maohammd Nadeem,Ashish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 149 of 2020 under Sections 498-A, 304-B IPC, police station Talgram, District Kannauj with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. The applicant is husband of deceased and their marriage has taken place in the year 2015. Only general allegations of dowry demand and harassment of deceased have been levelled against all six accused persons including applicant. After marriage, there has been no complaint of any dowry demand or harassment for the period of five years till this incident. In postmortem report except ligature mark, no injury has been found on the body of deceased and cause of death has been shown Asphyxia due to antemortem hanging. Learned counsel for the applicant submitted that in fact deceased was suffering from serious ailment and she has committed suicide due to that reason. It has further been argued that all the five material witnesses have already been examined before the trial court and they have not supported prosecution version and turned hostile. Lastly, it has been submitted that applicant is languishing in jail since 01.09.2020 having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Afsar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 17.12.2021 Deepak