Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10974 of 2018 Applicant :- Usman Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Patel Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Sagheer Ahmad, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged 3.11.2017 by the informant against four accused persons namely, Usman, Napees, mother- in-law, Jameel Ahmad (father-in-law) alleging that the marriage of victim was solemnized with applicant on 21 April 2014, they demanded dowry rupees ten lacs and one bolero car from the victim for which the victim was being tortured and beaten by them and applicant made unnatural sex with her.
It is submitted by learned counsel for the applicant that applicant is the husband. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offence under Section 377 IPC is not made out against the applicant. Prosecution case is not supported by medical evidence. There is dispute between wife and husband. He is languishing in jail since 19.2.2018 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Usman involved in Case Crime No. 332 of 2017, under Sections 377, 498-A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Sheeshgarh, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 A. Singh