Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32471 of 2021 Applicant :- Dharamveer Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.149 of 2021, under Sections 323, 325, 328 IPC, Police Station Katghar, District Moradabad, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence.
(ii) There is a dispute between husband and wife. Thus wife has registered the present FIR. Injuries are simple in nature. Nothing is found abnormal in medical. Informant/wife of present applicant is also the pairokar of this case and filed affidavit supporting the bail application. Since the matter is in between husband and wife. There is a great possibility of acquitting the accused-applicant.
(iii) Applicant is in jail since 03.04.2021, having no criminal history.
(iv) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, role of accused, severity of punishment in case of conviction, Informant is wife of applicant and she is doing pairvi on his behalf, and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Dharamveer be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 19.8.2021 I.A.Siddiqui