Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7060 of 2018 Applicant :- Mohammed Akram Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Mohammed Akram in Case Crime No.199 of 2015, under Sections 498A, 304B, 406 I.P.C. and 3/4 D.P. Act, P.S. Gorakhnath, District Gorakhpur.
Heard Sri Ashwani Kumar Pathak, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA alongwith Sri Kulveer Singh on behalf of the State.
The submission of the learned counsel for the applicant is that he has been implicated in this crime only on account of the fact that he is the husband and nothing more; that the allegations are absolutely false; that the parties were living together happily at the time of occurrence and there was no issue between them; that the learned counsel for the applicant has, in particular, invited the attention of the Court to the dying declaration dated 19.02.2015 recorded by Nayab Tehsildar at 06:35 p.m. where the deceased has clearly said that she became the victim of an accident while cooking on 19.02.2015 at 09:00 a.m. when a Can of diesel oil and that was stowed away in a shelf at a height fell off emptying its contents on her body leading the applicant to suffer an accident by fire where her husband did his best to save her life and got her admitted to the hospital; she has specifically said that it is a case of accident and nobody has set her afire where no one is responsible; that a copy of the aforesaid dying declaration has been annexed as Annexure-6 of the affidavit in support of the bail application; that in the submission of the learned counsel for the applicant the dying declaration is absolutely exculpatory and the police filed a final report in his favour which the Magistrate did not accept and instead proceeded to summon the applicant to stand his trial vide order dated 30.07.2016, a copy of which is annexed as Annexure-12 to the affidavit; that the applicant, in response to the aforesaid order of summoning surrendered and is confined in jail since 03.01.2018.
Learned counsel for the applicant submits that there is absolutely no case against the applicant made out after the exculpatory dying declaration that has been found to be genuine, true and faithful by the Investigating Agency; and, that as such, he is entitled to be enlarged on bail.
Learned AGA has opposed the prayer for bail with the submission that though the dying declaration relied upon by the applicant is on record and cannot be disputed, the Magistrate has found materials in the case diary on the basis of which he has summoned the applicant to stand his trial; that applicant being the husband and the case being one of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand, the applicant is not entitled to the concession of bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the evidence appearing in the case, in particular, the undisputed exculpatory dying declaration recorded on behalf of the deceased which is part of the record, this Court, without expressing any opinion on merits, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Mohammed Akram involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the trial court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 23.2.2018 Shahroz