Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45016 of 2018 Applicant :- Manish Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.,Anand Mani Tripathi
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant and learned for the informant and learned A.G.A. for the State and perused the record.
Applicant- Manish Sharma seeks bail in Case Crime No. 220 of 2018, under Sections- 498-A, 323 & 504 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District- Ghaziabad.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant further submits that the present incident has occurred on account of matrimonial discord. He has next submitted that false allegations of maltreatment and harassment has been alleged against the applicant and his family members on account of non fulfillment of dowry. Learned counsel for the applicant has next submitted that false allegations of getting the child aborted has also been made against the applicant and his family members, though the victim has already given birth to a male child who is living happily with her mother. Learned counsel for the applicant has next submitted that the victim has been living separately since 09.06.2018 and the injuries found on the person of the victim are superficial and as such has not got her injuries x-rayed.
Learned counsel for the applicant has next submitted that even in the present incident the entire family members of the applicant have been made accused and their arrest have been stayed by this Court. Learned counsel for the applicant has next submitted that the applicant is in jail since 12.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned A.G.A. and learned counsel for the informant Sri A. M. Tripathi has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 applicant has made out a case for bail.
Let applicant, Manish Sharma be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 20.12.2018 Rohit