Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17962 of 2021 Applicant :- Saleem And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 309 of 2019, under sections 498-A, 304-B IPC & Section 3/4 Dowry Prohibition Act, Police Station- Gunnaur, District- Sambhal.
Facts in brief are that deceased was wedded to Ayyub prior to six years from the incident. Allegedly she was subjected to harassment for demand of dowry and as a result on 10.7.2019 she died of burning. Applicants approached to this Court and granted anticipatory bail in Criminal Misc. Anticipatory Bail Application No. 3492 of 2020 till cognizance of offence on police report under Section 173(2) Cr.P.C.
It is submitted by learned counsel for the applicants that they are innocent and have been falsely implicated in this case. They are on anticipatory bail and did not violate the conditions of anticipatory bail. They made co-operation during investigation and did not try to tamper the prosecution witnesses. Further submitted that informant Salim Khan made statement before the Magistrate under Section 164 Cr.P.C. that his mausi told him that his sister got burnt while working in kitchen. Therefore, he did not want to proceed against inmates of deceased. Thereafter, for making unnecessary harassment they changed their version for unfair advantage. It has also been submitted that co-accused Yusuf and Ayyub have already been granted bail by this Court in Criminal Misc. Bail Application nos. 3090 of 2020 and 33284 of 2020. Applicants are nandoi, unmarried nanad, old mother-in-law and father-in-law of deceased who have no interest in the demand of dowry or harassment as alleged in the F.I.R. which has not been supported by the prosecution witnesses and even by informant. At present they are on anticipatory bail and did not misuse the liberty of bail. Lastly, it is submitted that the applicants are under apprehension of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail and urged that there are allegations regarding demand of dowry and harassment against these applicants. Now charge sheet has been submitted against them, therefore they are not entitled for anticipatory bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicants are entitled to be released on anticipatory bail.
Let the applicants- Saleem, Uzma, Nisha, Tahir and Smt. Khurshida shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned.
In case, applicants do not cooperate with trial, this order shall be deemed to be automatically vacated or cancelled.
Order Date :- 22.12.2021 A. Singh