Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14946 of 2018 Applicant :- Mehndi Hasan Opposite Party :- State Of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Farid Ahmed, learned counsel for the applicant, Sri Kaushal Kumar, holding brief of Sri Mohit Singh, learned counsel for the first informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Mehndi Hasan in Case Crime No.558 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Asmauli, District-Sambhal with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is the father-in- law of the deceased. According to the allegations made in the F.I.R. that on 15.10.2017, the husband of the deceased had taken her forcibly from the her parental house. He is also stated to have exerted pressure on her for bringing Rupees two lacs from her father. The allegation against the applicant and other family members are sweeping and general in nature. Specific allegation of demand and torture has been made against the husband of the deceased.His case is distinguishable from the case of husband of the deceased. Co-accused, Musammat Hashmi has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No. 8422 of 2018 on 6.3.2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 16.12.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that the deceased died within nine months of her marriage and there are allegations against the applicant also of demand of dowry.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Mehndi Hasan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.4.2018 MN/-