Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27923 of 2018 Applicant :- Shaukeen Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhawani Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri B.P. Shukla, learned counsel for the applicant and Sri R.K.Singh, learned A.G.A. appearing for the State.
According to the prosecution version the FIR was lodged by the complainant against the applicant and his brother alleging that when the daughter of the complainant was returning home with his brother after participating in a programme at the house of his relative caused acid burn injuries to the injured Shabnam and Alisher and thereafter managed to flee away from the place of occurrence.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. There is inordinate delay of about 10 days in lodging the FIR for which no plausible explanation has been given by the prosecution.The applicant is the husband of injured Shabnam and matrimonial dispute is going on between the parties. From perusal of the injury report it appears that the injuries allegedly sustained by the injured are on no- vital parts. It is also contended that the wife of the applicant used to make pressure upon the applicant for separate living just after the marriage as she is short tempered lady. Since the demand of his wife for separate living was not accepted by the applicant, she left her in-laws house and is living with her parents.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 has 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. It has also been submitted that the applicant is languishing in jail since 14.3.2018. The applicant has criminal history of three cases including the present case which has been explained in paragraph 16 of the affidavit filed in support of the bail application..
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Shaukeen involved in Case Crime No.19 of 2018, under Sections 326, 504, 506 I.P.C., Police Station Kotwali Dehat, District Saharanpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.7.2018 IA