Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26104 of 2019 Applicant :- Salaam And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Satyendra Kumar Singh
Hon'ble Siddharth,J.
Rejoinder affidavit filed by learned counsel for the applicants is taken on record.
Heard learned counsel for the applicants learned AGA for the State and Shri Satyendar Kumar Singh, learned counsel for the informant and perused the material placed on record.
The instant bail application has been filed on behalf of the applicants Salaam and Neshar Ahmad @ Jarsu with a prayer to release them on bail in Case Crime No. 119 of 2019, under Sections 498-A, 307, 328, 323, 504 IPC, and section 3/4 of Dowry Prohibition Act Police Station Lohta, District- Varanasi, during pendency of trial.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. It is submitted that there is allegation against the applicants of compelling the victim to consume acid failing which she will be set on fire. The main allegation has been made against the mother-in- law of the victim.From the case diary it does not appears that doctor, who treated the injured was examined by the investigating officer.There is no documentary evidence in the case diary which shows that the applicants were implicated for compelling the victim to consume acid and acid was evacuated from her stomach or any medicine or any treatment for tranquilizing acid was administered to her. The applicants are father-in- law and brother -in law of the victim. The applicants are languishing in jail since 2.5.2019, who are not a previous convict. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. and learned counsel for the informant have opposed the prayer for bail of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of 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, let the applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.9.2019 Atul kr. sri.