Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39840 of 2019 Applicant :- Khursheed Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Warish Khan Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Sessions Trial No.139 of 2018 arising out of Case Crime No.193 of 2018, under Section 306 IPC, Police Station Farenda, District Maharajganj during the pendency of trial.
Heard learned counsel for the applicant and the learned A.G.A. and also perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is the husband of the deceased. There is no iota of evidence that the applicant has abetted his wife. The victim who was short tampered lady, had committed suicide, as such the applicant cannot be made responsible for her death. There was always cordial relations between the husband and wife for the last 18 years and out of their wedlock four children were also born. The entire allegations levelled by the mother of the deceased is absolutely false and vague. There is great inconsistency in the prosecution case with the postmortem report of the deceased. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is languishing in jail since 31.5.2018 having no criminal history to his credit deserves to be released on bail. In case the applicant is enlarged on bail he will cooperate with the trial and will not misuse the liberty of bail.
Per contra the learned A.G.A. has contended that the children of the applicant have witnessed the incident and there is no inconsistency in their statement. She had consumed insecticide on account of mental and physical torture of the applicant, as such the innocence of the applicant cannot be adjudged at pre trial stage. The applicant does not deserve any indulgence. In case the applicant is released on bail he will he will misuse the liberty of bail.
Looking to the facts and circumstances of the case but without expressing any opinion of the merits, let the applicant Khursheed Alam 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 M. Tariq