Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19941 of 2018 Applicant :- Atique Ahmed Opposite Party :- State Of U.P. Counsel for Applicant :- Imran Ullah Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is the husband of deceased. It has been submitted that deceased committed suicide on account of fact that the applicant refused to take her along with him to Mumbai where he is employed. The demand of dowry has been falsely alleged. From the first information report itself it is clear that the information of the accident with the deceased was given to the father of deceased on phone and also the information of her subsequent death was likewise given. At the time when dead body of deceased was in her matrimonial home her family members from parent's side were present there. Subsequently, the applicant has been implicated along with the other family members in the alleged offence. Counsel for the applicant has stated that the charges have been framed but as yet no evidence has been lead before the trial court. The applicant is in jail since 25.05.2017 and has no criminal history to his credit. The independent witnesses have not supported the prosecution allegations and have stated that there was dispute between husband and wife regarding the reluctance of the applicant to take her wife along with him to Mumbai and she was not happy with conduct of the applicant and when he had gone to get his seat reserved in train for going to Mumbai she committed suicide.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Atique Ahmed, be released on bail in Case Crime No. 112 of 2017, under Sections- 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Nagina Dehat, District- Bijnor, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2019 Rohit