Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3166 of 2019 Applicant :- Bhoore Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.,Kasif Gilani,S A Gilani
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in Court, is taken on record.
Heard learned counsel for the applicant, Sri Siraj Ahmad Khan, Advocate holding brief of Sri S.A. Gilani, learned counsel for the first informant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Bhoore seeking bail in Case Crime No. 141 of 2018, under Sections 498A, 323, 504, 506, 452, 307 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Meerut.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that the present incident is an outcome of matrimonial discord. The applicant was married to the victim on 22.10.2014 and false allegation of demand of dowry has been made against the entire family members of the applicant, for which, victim is said to have been assaulted and maltreated.
Learned counsel for the applicant has next submitted that as per the prosecution case, as many as nine persons including the applicant along with his brother, who is also married to another sister of the victim, had visited their in-law's place and assaulted their wives, due to which, victims suffered injuries on their persons. As per the supplementary injury report, no abnormality has been detected in their injuries and the injuries have been opined to be simple in nature.
Learned counsel for the applicant has next submitted that the police report has already been submitted in the present case and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 02.11.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State and Sri Siraj Ahmad Khan, Advocate holding brief of Sri S.A. Gilani, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 02.11.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Bhoore be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.2.2019 Nadim