Heard learned counsel for the applicant and learned AGA for the State.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in case crime no. 635 of 2020, under Setions 328, 364, 307, 394, 427, 120-B IPC, P.S. Bahedi, District Bareilly.
Counsel for the applicant argues that on account of marital dispute in between the parties, the present FIR has been lodged. He argues that the statement made in the FIR as well as under Section 161 Cr.P.C. are not corroborated by the medical report, which is on record, does not even revealed any burn injury as alleged.
A perusal of the FIR also shows that the applicant and the informant were married on account of their affair as a love-marriage. He further argues that there is no criminal history of the applicant and the applicant is languishing in jail since 17.10.2020, and the learned AGA has not disputed the fact with regard to criminal history. There is nothing on record to demonstrate that if the applicant is enlarged on bail, it would adversely affect the trial of the case.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties and also perusing the material on record as well as considering the judgment of Supreme Court in the case of Data Ram Singh Vs. State of U.P. and others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Shubham Lohit involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings 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.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 22.1.2021 pks