Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13764 of 2016 Applicant :- Wasim Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra, Dharmendra Pratap Singh, Indra Kumar Chaturvedi, Mohd Imran Khan Counsel for Opposite Party :- G.A., Amit Daga, M J Akhtar
Hon'ble Sudhir Agarwal,J.
1. Heard Sri I.K. Chaturvedi, learned Senior Advocate, assisted by Sri Hari Mohan, Advocate, for applicant, learned A.G.A. for State and Sri V.M. Zaidi, learned Senior Advocate, assisted by Sri M.J. Akhtar, Advocate, for Informant.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 577 of 2015, under Sections 498A, 304B, 494, 376, 307, 323/34 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Purkazi, District Muzaffar Nagar.
3. It is contended that applicant's wife hanged herself in order to commit suicide and in a gasping condition, she was taken by applicant to Roorki Government Hospital, wherefrom she was referred to District Hospital, Dehradun. Thereafter on her condition being serious, she was admitted in Deepsikha Hospital, Roorki and further Jolly Grant Hospital but ultimately she died. The medical documents etc. contained the mobile number of applicant showing that applicant was throughout present and made all out attempts to save her but she died. The applicant has been falsely implicated in this case by Informatn and family members of deceased. It is also submitted that applicant informed the Informant and family members of wife whereupon they also came but have lodged F.I.R.
4. Learned Counsel for Informant, on the contrary, contended that there was no reason for his sister to commit suicide and all documents of medical treatments are forged and fictitious made during investigation in collusion with Police, who initially submitted final report.
5. From the record, it is evident that deceased was found in hanged condition on 28.11.2015 at around 2.00 PM whereafter she was taken to hospital on the same day but ultimately she died on 03.12.2015. Cause of death is asphyxia due to ante-mortem injuries.
6. It is contended that there are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 09.12.2015 and in case he is enlarged on bail, he will not misuse liberty of bail.
7. Learned A.G.A. has opposed the prayer for bail.
8. Considering the entire facts and circumstances of the case and also the material placed before this Court showing that it is the applicant who took the deceased for treatment and also the fact that applicant is in jail since 09.12.2015, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
9. The application is allowed.
10. Let applicant, Wasim, involved in Case Crime No. 577 of 2015, under Sections 498A, 304B, 494, 376, 307, 323/34 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Purkazi, District Muzaffar Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
11. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 30.7.2019 PS