Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11644 of 2018 Applicant :- Mohd. Asif Opposite Party :- State Of U.P.
Counsel for Applicant :- Deshraj Singh,Dushyant Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged against 8 accused persons, namely, Mohd. Asif, Kamruddin, Zarina, Aarif, Sajid, Shahjad, Qamar Jahan and Mohd. Shakil alleging that the marriage of Rizwana was solemnized with Mohd.Asif on 22.12.2012 and for demand of dowry they assaulted the complainant (Smt. Rizwana) and even ousted her from his house and attempted to kidnapped her child.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is dispute between husband and wife, nothing else; the injuries received by the complainant are simple in nature; there is no independent witness of the incident; he is languishing in jail since 12.3.2018 having no criminal history against the applicant.
Learned A.G.A. opposed the prayer for bail and admitted that there is no criminal history against the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Mohd.Asif involved in the Case Crime No.278 of 2016, under sections 498-A, 323, 504, 506 I.P.C.and 3/4 D.P.Act, Police Station Mahila Thana, District Satation Moradabad be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018 Su