Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28071 of 2019 Applicant :- Samsuddeen Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Sharma,Prashant Sharma,Shekhar Gangal Counsel for Opposite Party :- G.A.,Ashvni Mishra
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Samsuddeen, in Case Crime No. 83 of 2019, under Sections-498-A, 304-B, I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Iglas, District-Aligarh.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number, being husband of the deceased, and is languishing in jail since 17.02.2019; he is of no criminal antecedent; it was a death owing to suicide by the deceased herself by ante mortem hanging; for which this false implication was got lodged; marriage was of year 2015; occurrence was of the year 2019; in autopsy examination report, there is no ante mortem injury except ligature mark of ante mortem hanging; this was a suicide by deceased herself; neither demand of dowry was ever made nor cruelty with regard to it was there; while being examined before the trial Court, parents of the deceased as P.W.-1 and P.W.-2 and the brother as P.W.-3, in their testimony, filed by way of supplementary affidavit have categorically said that it was a false implication; no demand of dowry or cruelty with regard to it was ever made by the applicant; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent that the parents of the deceased as P.W.-1 and P.W.-2 and the brother as P.W.-3, in their testimony, filed by way of supplementary affidavit have categorically said that it was a false implication; no demand of dowry or cruelty with regard to it was ever made by the applicant and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Samsuddeen, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant 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 his bail.
Order Date :- 20.12.2021 Deepak/