Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8653 of 2019 Applicant :- Shakir Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Vakalatnama filed today by Sri S.A.Imam on behalf of first informant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is contended by the learned counsel for the applicant that the incident has taken place on 22.7.2018, the FIR has been lodged on 18.10.2018 with the delay of three months and no explanation has come forward for such delay. It is further contended that the victim was medically examined and no marks of any external injury were found on the body of the victim, however, she did not wish to go for internal examination. It is further contended that the statement of the victim under section 161 Cr.P.C. was recorded so also her statement under section 164 Cr.P.C. It is further contended that the applicant is the brother in law (devar) of victim. Marriage of the victim was solemnized with the brother of the applicant namely Mohd Zakir on 5.12.2017. After the marriage the informant and her family members put pressure on the brother of the applicant to leave his parental home and to live with the informant at her father's house as ghar jamai. Since her husband refused to live in the house of the informant she became annoyed and lodged the present first information report on false and frivolous grounds roping in all the in-laws. It is further contended that the informant left the house of her in laws out of her own free will and without any reason and at present she is living with her parents. It is further contended that the applicant has never demanded any dowry from the informant nor he kicked out her from their house. It is further contended that the applicant is in no way concerned with the dispute between wife and husband i.e. the informant and his brother, nor he has committed any offence as alleged by the victim. The applicant is languishing in jail since 18.11.2018. The applicant has no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shakir be released on bail in Case Crime No.756 of 2018, under Sections 323, 498A, 376D, 307, 506 IPC, P.S.-Phase-2, District-Gautam Budh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019/Harshita