Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40484 of 2019 Applicant :- Salim Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava, J.
This bail application has been filed by applicant for bail in Case Crime No. 0179 of 2019, under Sections 307, 323, 376-D, 498-A I.P.C and ¾ Dowry Prohibition Act, Police Station – Asmauli, District – Sambhal.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. The applicant is Mamia – Sasur of the victim and the victim is wife of co-accused-Mansab, who is cousin of the accused. Learned counsel further submits that due to matrimonial dispute, the victim has made a false allegation of rape against her brother-in-law, father-in-law maternal father-in-law and also against the applicant. She has also make a false allegation of attempt to murder against the husband. Learned counsel further states that the applicant is aged about 60 years and he is law abiding person having no criminal antecedents and is languishing in jail since 01.07.2019. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant - Salim, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) each in the like amount to the satisfaction of the court concerned with the following conditions:-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witnesses.
iii. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 27.09.2019.
Vinod.