Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28828 of 2020 Applicant :- Alimuddin Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Singh Yadav,Babu Lal Ram,Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.,Virendra Kumar Jaiswal
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Alimuddin in connection with Case Crime No.230 of 2020, under Sections 498-A, 304-B I.P.C. and U/s 3/4 D.P. Act, Police Station Masuri, district Ghaziabad.
The first information report of this incident was lodged by the complainant against six named persons. It was also alleged in the first information report that marriage of his sister was solemnized with son of applicant on 26.04.2016. It was also alleged that they had given sufficient dowry in the said marriage. It was also alleged that after marriage, the applicant and his family members have demanded Rs.2 lacs in cash and one motor-cycle as additional dowry. It was alleged that due to nonfulfillment of demanded dowry the complainant's sister was done to death.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is father-in-law of the deceased, an old man and is suffering from age related ailments. He submitted that co-accused Smt. Gulsina, mother-in-law of the deceased has been admitted to the concession of bail by another Bench of this Court by order dated 07.10.2020 passed in Criminal Misc. Bail Application No.29778 of 2020, photocopy whereof supplied by learned counsel for the applicant has been perused by the Court, is taken on record and role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that applicant is languishing in jail since 03.04.2020, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
Let the applicant Alimuddin involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.12.2021 R./