Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54787 of 2021 Applicant :- Rashid Opposite Party :- State Of U.P Thru Secretary Home Lknw.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 347 of 2021, registered under Sections 498-A, 304-B, 323 I.P.C. and Section 3/4 D.P. Act, Police Station - Seohara, District-Bijnor during pendency of the trial.
The allegation in the FIR is that on 05.07.2021 the complainant Khurshid Ali received an information that her daughter Anjum was beaten by the in- laws and she was not feeling well and taken to the hospital where doctor declared her dead several hours ago. In the FIR it was alleged that the accused persons were demanding a motorcar and four lakhs of rupees as dowry and were torturing and harassing the complainant's daughter and ultimately she was done to death.
Learned counsel for the applicant submits that the applicant is brother-in- law (Jeth) of the deceased and he has no concern with the demand of dowry and he was no way going to be benefitted with the alleged demand of dowry. Further argument is that the present applicant has parity with co- accused Liyakat (Nandoi), who has already been granted bail and the bail order is annexed on page No. 67 onward to this bail application. It is further submitted that there are general allegations against all the accused persons and no specific allegation has been levelled against this accused. Moreover, the role assigned to the present accused is similar to the role assigned to co-accused, who has already been granted bail, hence the present accused is also entitled to bail during the pendency of the trial, if any. The applicant is languishing in jail since 09.07.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant. He does not dispute the ground of parity with co-accused.
Considering the material available on record, considering the ground of parity and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 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, Rashid, who is involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.12.2021 LBY Digitally signed by Justice Ajit Singh Date: 2021.12.25 08:56:13 IST Reason: Document Owner Location: High Court of Judicature at Allahabad