Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 149 of 2020 Applicant :- Shahib Alias Shahwan Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Pandey,Ashish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 186 of 2018, under Sections 498-A, 304-B, 506, 201 IPC and 3/4 Dowry Prohibition Act, Police Station Pali, District Lalitpur, during pendency of trial.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case with ulterior motive. He did not commit any offence as alleged. He has no criminal antecedents. It is further submitted that the applicant is husband of the deceased; there are general allegation and no specific role is assigned to him, however, he has been implicated in the present case. Learned counsel for the applicant has drawn the attention of the Court to statements of mother-in-law of the deceased, namely, Mubeena dated 25.2.2021 and brother of the deceased - Vaheed dated 8.2.2021, copy of the statements are on record as Annexure No. SA-1 to the supplementary affidavit. A perusal of the said statements shows that they did not support the prosecution story. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 4.10.2018. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Considering the facts and circumstances of the case, I find it to be a fit case for bail. Let the applicant – Shahib alias Shahwan involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3) 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 and (iii) recording of statement under Section 313 Cr.P.C.; and
(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 20.12.2021 Digamber