Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15368 of 2021 Applicant :- Amit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Saksham Srivastava,Akhilesh Srivastava Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Praveen Kumar Singh
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Amit Kumar in connection with Case Crime No. 129 of 2018, under Sections 498-A, 323, 313 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar.
Heard Mr. Saksham Srivastava, learned counsel for the applicant, Mr. Rishabh Singh, Advocate holding brief of Mr. Anurag Vajpeyi, learned counsel for the complainant and Mr. Dinesh Kumar Srivastava, learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that he has been implicated in the instant crime mala fide after he brought a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act when the first informant walked out on him. It is submitted that the genesis of the dispute between parties is that the applicant has a widowed mother and an unmarried sister living with him whereas the informant wants the applicant to live separately and away from his widowed mother and unmarried sister. It is urged that on investigation commission of offences under Section 307 of the Penal Code was not found established by the Investigating Officer but a charge sheet was filed, including an offence punishable under Section 313 I.P.C. about which there is no convincing medical evidence on record. It is next submitted that the applicant is a respectable man with no criminal history and is in jail since 11.02.2020.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the genesis of the dispute is prima facie a discord between the husband and wife on account of the wife desiring the husband to stay away from his widowed mother and unmarried sister, the fact that the present FIR was lodged after the husband instituted proceedings under Section 9 of the Hindu Marriage Act, the fact that there is prima facie no such convincing evidence that may attract Section 313 I.P.C., the fact that the offence under Section 307 I.P.C. has not been found vindicated during investigation and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Amit Kumar involved in Case Crime No. 129 of 2018, under Sections 498-A, 323, 313 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar be released on bail on executing his 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.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 8.4.2021 Brijesh Maurya