Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20078 of 2021 Applicant :- Siraj Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 546/2020, under Sections 498A, 323, 302, 304B IPC and Section 3/4 D.P. Act, police station Dadri, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is brother-in-law (Jeth) of deceased and he has not committed any offence. It was submitted that the marriage of deceased with brother of applicant was solemnized in the year 2019 and that applicant is living separately from deceased and her husband. It was further submitted that applicant has no concern whatsoever with the matrimonial life of deceased and her husband and that only general allegations of dowry demand and harassment have been levelled against the applicant and co-accused persons and that no specific role has been assigned to the applicant. It was submitted that 13 persons including applicant have been named in the FIR and that deceased has died as a result of firearm injury, but there is no such evidence that which of the accused has fired at the deceased. Learned counsel has submitted that similarly placed co-accused Aas Mohammad and Aasif have already been enlarged on bail by coordinate Benches of this Court, copies of which have been produced and the same are taken on record. It has further been argued that the applicant is in judicial custody since 13.10.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Siraj involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 30.7.2021 Anand