Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24646 of 2015 Applicant :- Arvind Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Misra,Amit Rai,Harsh Vardhan Shastri,Vikas Sharma,Viresh Misra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
Counter affidavit has been filed by the State respondent.
Learned counsel for the applicant states that he does not want to file any rejoinder affidavit.
It is contended by the learned counsel for the applicant that the applicant is husband of the deceased and the allegation against him is that he committed the alleged offence for want of additional dowry. It is contended that the incident is that of Dhaba at 11.00 p.m. in which they were attacked by some criminals in which the applicant also received injuries and his wife expired, for which the applicant has been falsely implicated. It is next contended that there is no explanation for the injuries sustained by the husband-applicant alongwith his wife which itself falsifies the prosecution story. It is next contended that the applicant does not have any criminal history and he has been falsely implicated in the present case due to ulterior motive. It is next contended that the trial is not likely to be concluded in near future. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 29.12.2012 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Arvind, involved in case crime No. 1107 of 2012, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Kotwali Shahar, District Bijnor be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
4. The applicant shall appear on 15th of every month before the police station concerned to show his good conduct and behaviour.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 30.3.2018/faraz