Purcha filed by Sri Shahabuddin on behalf of applicant and by Sri S.M. Fazal on behalf of complainant, are taken on record.
Applicant-Javed-Ur-Rehman seeks bail in Case Crime No. 68 of 2010, under section 498-A, 323, 506 IPC & 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Meerut.
Heard learned counsel for the applicant and learned AGA as well as learned counsel for the complainant and perused the material placed on record. It is argued by the learned counsel for the applicant that the injuries sustained by the victim are simple in nature. He further contends that the offence is triable by Magistrate and the applicant being in jail since 07.03.2010 having no criminal history to his credit, deserves to be released on bail at this stage. The bail is, however, opposed by the learned A.G.A.as well as learned counsel for the complainant.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Javed-Ur-Rehman involved in 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:
1. The applicant will continue to attend the court concerned on the date fixed;
2. He will not tamper with the witnesses;
3. He will not indulge in any illegal activities during the period of bail. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 10.5.2010 Imroz