Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37995 of 2018 Applicant :- Raja Hussain And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Kameshwar Singh, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Raja Hussain and Sabbir in Case Crime No.250 of 2015, under Sections 498-A, 302 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Bisanda, District-Banda with the prayer to enlarge them on bail.
The submission of the learned counsel for the applicants is that the applicant no.1 is father-in- law and applicant no.2 is the brother-in-law of the deceased. The marriage of the son of applicant no.1 with the deceased was solemnized two and half years' back and there was allegation of constant demand of dowry and consequential torture by applicants and other family members. It is argued that first informant and other witnesses have clearly stated that the deceased and her husband were living separately. No evidence regarding involvement of the applicants in the present crime could be collected during investigation, therefore, they were not charge-sheeted. However, the applicants have now been summoned to face trial under Section 319 Cr.P.C. by the court below. Lastly, is argued that the deceased was found murdered in the house of her husband who is already in jail. The case of the applicants is distinguishable from that of co-accused, Yusuf Khan, husband of the deceased. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 11.06.2018, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Raja Hussain and Sabbir be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence;
2. The applicants shall not pressurize the prosecution witnesses;
3. The applicants shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 29.10.2018 MN/-