Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47288 of 2021 Applicant :- Pankaj @ Ankit And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar Shahi,Rejeev Tiwari Counsel for Opposite Party :- G.A.,Rajeev Tiwari
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 445 of 2020 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961 registered at P.S.- Kannauj, District- Kannauj.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. They have not committed the alleged offence. There is no injury on the person of the victim. Entire family of the applicants have been implicated. There are only general and bald allegations against the accused persons including the applicants. After conclusion of investigation, police has submitted the charge- sheet in the matter. Applicants did not demand any dowry. Further submitted that the applicant is languishing in jail since 14.09.2021.
Per contra, learned A.G.A. and learned counsel for the complainant opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, nature of allegation, case being triable by Magistrate Ist class, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Pankaj @ Ankit and Smt. Sheela involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 A. Mandhani