Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1699 of 2019 Applicant :- Mustaq Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Mishra,Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Mohammad Belal
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Sri Sunil Kumar Dwivedi, counsel for the applicant and Sri Mohammad Belal, counsel for the informant and learned A.G.A. for the State.
The submission is that the applicant was earlier implicated by his wife in case under Sections- 498-A, 323, 325, 504, 506 IPC and 3/4 Dowry Prohibition Act and thereafter the applicant has approached this court by way of Criminal Misc. Writ Petition No. 20825 of 2018. After the proceedings of the aforesaid case stayed by this court the first information report was lodged by the daughter of the applicant at the behest of her mother alleging the offence under Sections 452, 376 and 506 IPC. It has been submitted that it is a case of malicious prosecution initiated by the wife of the applicant and she has got her daughter also involved in prosecuting the applicant. The victim is major. The applicant is in jail since 28.08.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Mustaq, be released on bail in Case Crime No. 0149 of 2018, under Sections- 452, 376, 506 I.P.C., Police Station- Agauta, District- Bulandshahar, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.7.2019 Rohit