Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14281 of 2019 Applicant :- Smt. Rashide And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.,Pankaj Bharti
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
By means of this application, the applicants Smt. Rashide and Wadood Khan, who are involved in Case Crime No. 244 of 2018, under Sections 498-A, 307, 120-B I.P.C. & 3/4 Dowry Prohibition Act, P.S. Nakur, District Saharanpur, are seeking enlargement on bail.
It has been submitted by learned counsel for applicants that applicants are innocent; they have been falsely implicated in this very case crime number; accused-applicants are mother-in- law and father-in-law of injured victim; they are of no concern with above offence; husband has been enlarged on bail; role of simple maar-peet has been assigned to mother-in-law and catching hold to father-in-law; whereas role of pouring kerosene oil over the persons of injured victim has been assigned to sister-in-law Julie and putting her at ablaze to Chand Khan, but after investigation final report against Julie and Chand Khan has been submitted; as per medical examination report, victim has four injuries, out of which two were abrasions and two were superficial burn over knee to heel and palm with specification of 7%, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
The first information report was lodged by victim against her husband Tabrej Khan and his each family members with specific mention that marriage was 13 years old. Her husband had married second time and was residing with his second wife. The alleged occurrence was said to be taken at nuptial house of victim, in which role of simple maar-peet has been assigned to mother-in-law and catching hold to father-in-law. The injuries found on the person of injured victim are simple and not grievous in nature. Moreso, final report for other two named accused persons has been filed.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants Smt. Rashide and Wadood Khan, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 30.4.2019 NS