Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56827 of 2019 Applicant :- Mahmood Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Sanjay Singh, Advocate pointed out that he has filed parcha on behalf of the complainant in registry today but the same is not on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The applicant has falsely been implicated in the present case. The applicant has been summoned to face the trial in complaint case. It has further been submitted that the deceased died a natural death and at the time of the alleged incident the deceased was pregnant and her haemoglobin was down and observed 3.1 gm. % in blood report and pregnancy of 27 weeks and 6 days. At the time of the cremation, the father of the deceased was also present. The deceased was died due to unmatured pregnancy on 23.2.2014. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. False allegation has been made against the applicant. The applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 30.10.2019.
Per contra,learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the deceased was not admitted in hospital for her treatment and the deceased died on 23.2.2014 and the applicant has harassed and tortured the deceased and the applicant has committed the alleged offence, therefore the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mahmood Ali involved in Complaint Case No. 994 of 2014, under Sections 304B, 201 IPC P.S. Kotwali, District Shahjahanpur 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 not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 19.12.2019/A.