Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20867 of 2013 Applicant :- Ashiq Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kr. Srivastava,Ashish Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of applicant. Learned A.G.A. is present for State. However, I myself have perused the record.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 51 of 2003, under Sections 498A and 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, 1961, Police Station Bithrichainpur, District Bareilly.
3. It is stated in the affidavit of accompanying bail application that neither before marriage nor after marriage applicant has made demand of dowry. Allegations are false and baseless. There was no specific role assigned to applicant and no motive or intention has been shown to commit the offence. Applicant has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 31.01.2013 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Ashiq Khan, involved in Case Crime No. 51 of 2003, under Sections 498A and 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, 1961, Police Station Bithrichainpur, District Bareilly be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
9. It is made clear that since this application was filed in 2013 and has been listed before this Court in 2019 and none is able to give any information about present status, it is provided that in case trial has already concluded or there is any other happening on account whereof this application has rendered infructuous, it is made clear that in such case, this order shall not have legal consequence and this application shall be deemed to have been rejected.
Order Date :- 29.1.2019 Siddhant Sahu