Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41466 of 2018 Applicant :- Aijaz Opposite Party :- State Of U.P. Counsel for Applicant :- Javed Habib Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Safi Ullah, Advocate has filed vakalatnama on behalf of complainant/informant, which is taken on record. Supplementary affidavit filed today is also taken on record.
Heard learned counsel for applicant, the learned AGA for the State, learned counsel for the complainant and perused the record.
Applicant- Aijaz seeks bail in Case Crime No. 338 of 2018, under Sections 498A, 323, 504, 506, 307 IPC and Section 3/4 Dowry Prohibition Act, P.S. Chandausi, District- Sambhal.
Learned counsel for the applicant has submitted that applicant is the husband of the victim- Tarannum Be and on account of matrimonial discord, the present first information report has been lodged. As per the injury report, there is redness on the neck of the victim, which is simple in nature. It is next submitted that applicant was living at Saudi Arabia for earning his livelihood and regularly sending money to his wife for her living. Lastly, it is submitted that applicant is in jail since 5.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA as well as learned counsel for the first informant have opposed the prayer for bail, but could not dispute the fact that applicant has been regularly sending money to his wife and that the applicant is in jail since 5.9.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Aijaz be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.10.2018 KU