Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27265 of 2020 Applicant :- Mohd. Arif Opposite Party :- State of U.P. Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Amit Saxena, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. No prima facie case is made out against the applicant. In fact, deceased died due to drowning and has committed suicide herself. To substantiate this argument, learned counsel has referred to the annexure no.5 to the affidavit accompanying the bail application i.e. a missing report and further argued that it was lodged at police station concerned on 12.7.2019, but nothing was mentioned in it about the fact mentioned in the F.I.R. Had the applicant been involved in raising the demand or causing cruelty to the deceased, this fact would have come in the missing report itself. Thus, it is argued that the F.I.R. was lodged in this matter after a gap of five days on the basis of false facts. Referring to the contents of the F.I.R., statement of witnesses recorded under section 161 Cr.P.C. and other documents annexed with the bail application, it is further argued that the applicant never raised any sort of dowry demand nor caused any cruelty or torture to the deceased. It is further submitted that the applicant is languishing in jail since 7.8.2019 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mohd. Arif involved in Case Crime No.122 of 2019 under Sections 498-A, 304-B, 201, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Beconganj, District - Kanpur Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 ss