Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10869 of 2018 Applicant :- Amit Bhati Opposite Party :- State Of U.P.
Counsel for Applicant :- Manju Rani Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against Amit Bhati (husband), Suman (mother-in-law), Reena(sister-in- law), Pinki (maternal aunt), Sumit (brother-in-law), Sardar Singh (father-in-law) alleging that victim Geeta Bansal was married to accused Amit Bhati and accused persons assaulted and tortured the victim for demand of Rs. 50 lakh.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; the applicant is husband; there is dispute between husband and wife and they have one son out of their wedlock; the applicant is Law student;except one injury all other injuries of the injured are simple in nature and not dangerous to life; general role has been assigned against all the accused persons; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 15.01.2018 (more than two months) having no criminal history. Co-accused namely Sumit has been granted bail by this Court on 19.2.2018 vide Criminal Misc. Bail Application No. 5881 of 2018. Co-accused Smt. Suman and Sardar Singh have also been granted on bail by this Court vide order dated 22.2.2018 passed in Criminal Misc. Bail Application No. 6906 of 2018.
Learned counsel for the applicant as well as learned A.G.A. opposed the prayer for bail and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let applicant Amit Bhati involved in the Case Crime No. 419 of 2017, under Sections 498-A, 307, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Jarcha, District Gautam Budh 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 with the following conditions:
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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.3.2018 P.P.