Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12245 of 2021 Applicant :- Ansar Husain Opposite Party :- State of U.P.
Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.,Sayyed Kashif Abbas Rizvi
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 35/2020, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Kunderki, District Moradabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is husband of deceased and he has not committed any offence. It was submitted that the marriage of deceased with applicant was solemnized on 20.10.2016 and after that for a period of three and half years, no complaint was made against the applicant regarding any dowry demand and harassment of deceased. It was further submitted that from his marriage with deceased, applicant has two children and that the said children are being looked-after by the family members of applicant. Learned counsel has submitted that applicant is required to look-after his two minor children and that now applicant is in judicial custody since last about one year and ten months and that not a single witness has been examined so far. In postmortem report of deceased, except one minor contusion and abrasion, no other injury has been shown and cause of death of deceased is ante-mortem hanging. Learned counsel has pointed out statement of applicant/accused, recorded by the Investigating officer, wherein he has stated that deceased was a short-tempered lady and she used to quarrel on minor issues and that she has committed suicide by hanging through ceiling fan and before that she has closed the door of the said room and that applicant entered the room after breaking the door and he has taken her down. Learned counsel has submitted that applicant has very candidly stated the entire incident. It was pointed out that the version that applicant has entered into the said room by breaking the hinge of the door of the said room is supported by site-plan of the spot. It has further been argued that the applicant has no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant is husband of deceased and that there are allegations that deceased was being harassed by applicant on account of dowry and that deceased has suffered unnatural death within seven years of her marriage.
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 Ansar Husain 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 :- 20.12.2021 Anand