Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37114 of 2020 Applicant :- Nasir @ Nasib Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd Faiz, ,Sudarshan Singh Counsel for Opposite Party :- G.A.,Mohammad Abid Ali
Hon'ble Om Prakash-VII,J.
List revised. None is present for the informant. Criminal Misc. Exemption Application is allowed.
Heard S/Shri Nagendra Singh and Sudarshan Singh, 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 innocent and has been falsely implicated in the present case. He has not committed the present offence. Though applicant is husband of the deceased yet what sort of dowry was being demanded has not specifically been cleared in the F.I.R.. Only this fact is mentioned in the F.I.R. that 'apne maike se motor aur dilwa'. It is also submitted that informant has been examined during trial but he has not supported the prosecution case. Referring to the post mortem report it is further submitted that deceased committed suicide. Applicant has never raised any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him in connection with the said demand. The applicant has no criminal history. He is languishing in jail since 30.6.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA 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, 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 Nasir @ Nasib involved in Case Crime No.413 of 2020, under Sections 498-A, 304-B, 323 IPC and 3/4 D.P. Act, P.S. Izzat Nagar, District - Bareilly 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.
4. 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.
5. 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.
Order Date :- 28.10.2021 safi