Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41930 of 2018 Applicant :- Kaleem Ahmad And Anr Opposite Party :- State Of U.P. Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Kaleem Ahmad and Kafeel Ahmad seeking bail in Case Crime No. 189 of 2017, under Sections 498A, 354B, 325 I.P.C., P.S. Thariaon, District Fatehpur.
Learned counsel for the applicants has submitted that the victim Shaheen was married to Shakeel Ahmad in the year 2015 and the present incident has arisen on account of matrimonial discord. Learned counsel for the applicants has further submitted that the applicants are Jeth and Dever of the victim and only general role of assault has been assigned to both of them. Even as per the prosecution case, injuries are not dangerous to life.
Learned counsel for the applicants has further submitted that the applicants are in jail since 04.10.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. He has next submitted that the applicants have no criminal history to their credit and they are living separately.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the injuries found on the person of the victim are not dangerous to life and that the applicants are in jail since 04.10.2018.
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 applicants have made out a case for bail.
Let the applicants Kaleem Ahmad and Kafeel Ahmad be released on bail in the aforesaid case crime number on their furnishing personal bonds and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 31.10.2018 Arun Gangwar