Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20832 of 2021 Applicant :- Firoz Opposite Party :- State of U.P.
Counsel for Applicant :- Phool Chandra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is devar of the deceased. He has no concern with the present matter. No specific role has been assigned to the applicant. A general role has been assigned in the F.I.R. Neither he raised any demand of dowry at any point of time nor was deceased subjected to cruelty or harassment by him. Merely because the applicant is family member of the husband of the deceased, he has been roped in falsely in this case by the informant. Cause of death is ante mortem hanging. The applicant has no criminal history. He is languishing in jail since 31.10.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Firoz involved in Case Crime No.651 of 2020 under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Gajraula, District - Amroha be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 / ss