Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34728 of 2019 Applicant :- Nizamuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A. Hon'ble Arvind Kumar Mishra-I,J. Case called out repeatedly.
It has been informed that the Bar Association of Allahabad High Court has given a call for strike today, therefore the learned counsels are not appearing in Court. However, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Sanjay Kumar Rajbher, learned A.G.A., Sri Bhanu Prakash Singh, learned brief holder for the State have submitted that this bail may be considered and disposed of on merit.
I have heard the learned A.G.A.s/brief holder for the State and perused the record.
Upon perusal of the grounds of bail, as averred in the accompanying affidavit appended to this bail application, it transpires that the applicant is innocent and has been falsely implicated in this case. The applicant is the devar of the deceased who died within six years of her marriage due to ante mortem burn injuries. There are general and vague allegation regarding demand of dowry. He has been summoned to face the trial under section 319 Cr.P.C. The similarly circumstanced other co-accused Amina and Idrees have been admitted to bail by coordinate bench of this Court in criminal misc. bail application nos.25140 of 2017 and 25763 of 2017 on 26.7.2017 and 2.8.2017. He is languishing in jail since 5.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail.
Considered the grounds urged in support of the bail application and also considered the submissions made by learned A.G.A./brief holder for the State, grounds urged are made out for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Nizamuddin involved in Case Crime No. 287 of 2016 (S.T. No. 16 of 2017), under Sections - 498-A, 304-B I.P.C. and Section - 3/4 D.P. Act, Police Station - Ghughli, District - Maharajganj 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.
Order Date :- 28.8.2019 N.A.