Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39551 of 2021 Applicant :- Jalees Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Singh,Shahabuddin Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sanjay Singh, learned counsel for the applicant and Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Jalees, with a prayer to release him on bail in Case Crime No. -77 of 2020, under Sections -498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station -Milak Khanam, District -Rampur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 09.07.2020, the applicant is in confinement since 04.08.2020;
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iii) the applicant has no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, even if the dying declaration is read in entirety, the direct allegation is against Idrish (husband) who is alleged to have repeatedly made demand of dowry and who is alleged to have last taunted the deceased while she was in his company. The names of the present applicant and other family members have emerged only as persons who came out upon hearing a cries for help. It is asserted that the victim has not alleged that the applicant had pinned the deceased to the ground.
(vi) While granting bail to the co-accused Km. Babbo @ Nisha and Km. Najreen @ Najmeen, since Court has observed as below:
"Learned counsel for the applicant submits that the applicants who are unmarried sisters-in-law, living separately from the deceased and her husband, they have been falsely implicated in the present case with the ulterior intention of harassing them although neither they can be said to be the beneficiaries of the dowry allegedly demanded by the husband, father-in-law and the mother-in-law from the deceased. He further submitted that the deceased Smt. Faileen, wife of the Idrees has categorically stated in her dying declaration which was recorded by the Investigating Officer that her husband was annoyed due to non-fullfilment of the demand of dowry of a Maruti car, she was harassed and maltreated by her husband. She has also stated that she was thrown on the floor by her husband and his other family members. Her husband poured kerosene oil on her and set her ablaze. She in her second dying declaration, which was recorded by the Nayab Tahsildar, in which she has changed her version and specifically stated that her husband and her brother-in-law, Jalees came with kerosene oil, tied her hands and legs and Km. Babbo @ Nisha and Km. Najreen @ Najmeen, the present applicant poured kerosene oil on her and her brother-in-law, Jalees set her fire, copy whereof has been filed as Annexure-SA4 & SA5 to the supplementary affidavit. He also submits that there is no certificate of the doctor which indicates that the deceased was not mentally fit to give her statement. He also submits that there is serious contradictions in her dying declarations made before the Investigating Officer and Nayab Tehsilder are totally untrustworty of credit. He lastly submitted that the applicants, who are in jail since 4.8.2020 and has no criminal antecedents to their credit, are entitled to be enlarged on bail during pendency of the trial."
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 S.Chaurasia