Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5512 of 2020 Applicant :- Zafar Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Harindra Pratap,Rajendra Kumar Pandey,Sadaful Islam Jafri,Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri N.I. Jafri learned Senior Counsel assisted by Ms. Nasira Adil learned counsel for the applicant; as well as Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Zafar Khan with a prayer to release him on bail in Case Crime No. - 141 of 2019, under Sections - 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station - Dhaulana, District - Hapur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 01.5.2019, the applicant is in confinement since 22.7.2019.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the FIR was lodged more than a month after the occurrence; the delay is wholly unexplained specially in the context of admitted position that the grand father and paternal uncle of the deceased were Panch witnesses; the deceased and the present applicant had married of their own free will; there was no demand of dowry or cruelty etc.; there is no earlier complaint with respect to the same; in that context, it has been submitted that the FIR allegations have emerged by way of bald allegations unfounded on facts; reliance has been placed on the post mortem report which does not disclose any ante mortem injuries; cause of death could not be ascertained at that stage and therefore, viscera was preserved; upon its examination, cause of death has been found to be poisoning, thus suicidal occurrence has been asserted.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 Faraz