Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40088 of 2017 Applicant :- Gulam Karim Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that due to husband the applicant has been falsely implicated and wife of the applicant Nahid was died due to chest pain. She was admitted in the hospital by the applicant due to chest pain but unfortunately she died. According to postmortem report, cause of death was not ascertained and viscera was preserved. According to viscera report, no poison was found. The death was natural. At the time of funeral, the family members of the deceased were present and after one month F.I.R. was lodged due to other reason without explaining delay. The applicant is languishing in jail since 18.4.2017 (about two years) having no criminal history. There is no legal evidence against the applicant. Due to heavy load work in the trial court, there is no possibility to get this case decided in near future and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that no injury was found on the body of the deceased and also no poison was found in the body of the deceased according to expert report, but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Gulam Karim involved in Case Crime No. 2298 of 2016, under Sections 498-A, 304-B, 323 IPC and Section 3/4 Dowry Prohibition Act, P.S. Khalilabad, District Sant Kabir Nagar be released on bail on furnishing a personal bond and two 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.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her 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 court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2019 OP