Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1878 of 2019 Applicant :- Intezar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Intezar seeking bail in Case Crime No. 207 of 2017, under Sections 452, 307, 498A, 504, 506 IPC, Police Station Hayatnagar, District Sambhal.
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 has been occurred on account of matrimonial discord and the victim Shabina was married with Shakir, son of the applicant on 03.06.2013 and it is alleged that the applicant along with other family member had tortured and maltreated the victim for non-fulfilment of demand of dowry.
Learned counsel for the applicant has next submitted that the applicant has been assigned the role of catching hold and he has not caused any injury to the victim Shabina.
Learned counsel for the applicant has next submitted that the husband of the victim, Shaqir has already been granted bail by this Court in Criminal Misc. Bail Application No. 23713 of 2017 vide order dated 01.12.2017.
Learned counsel for the applicant has next submitted that the applicant is in jail since 08.12.2018 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 has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 08.12.2018.
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 Intezar 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 :- 22.1.2019 Nadim