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Ahsan vs State Of U.P. on 10 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 410 of 2020

Applicant :- Ahsan

Opposite Party :- State of U.P.

Counsel for Applicant :- Anand Priya Singh

Counsel for Opposite Party :- G.A.,Rakesh Kumar Tripathi

Hon’ble Siddharth,J.

Counter affidavit file by learned counsel for the informant is taken on record.

Heard learned counsel for the applicant, Shri Rakesh Kumar Tripathi, learned counsel for the informant, learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Ahsan with a prayer to release him on bail in Case Crime No. 402 of 2019, under Sections 323, 324, 325, 504, 506, 376, 377 IPC, and section 3/4 of Muslim Women Protection Act Police Station Najibabad, District- Bijnor, during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is submitted that on account of dispute between wife of co-accused and wife of the applicant, applicant has been falsely implicated in this case. The allegation of committing offence under section 377 I.P.C. does not stands corroborated from the medical report of the victim. The marriage of the applicant and victim took place five years ago. The applicant is languishing in jail since 22.10.2019, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the 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 that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 10.1.2020

Atul kr. sri.

 

 

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