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Akbar vs State Of U.P. on 9 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50821 of 2019

Applicant :- Akbar

Opposite Party :- State of U.P.

Counsel for Applicant :- Santosh Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Counter affidavit filed on behalf of the State and rejoinder affidavit filed on behalf of the applicant are taken on record.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that the applicant is father-in-law of the deceased. Initially the FIR of the alleged incident was lodged under sections 498-A, 307 IPC and 3/4 D.P. Act against the applicant and four others making general allegation. No specific role has been assigned to the applicant. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. The dying declaration of the deceased was also recorded in which she has made general allegation against the applicant, her mother-in-law, nanad, husband and jeth. It has further been submitted that the applicant is an old man aged about 65 years. The applicant has falsely been implicated in the present case due to being father-in-law of the deceased. At the time of the alleged incident the applicant was living separate from the deceased and her husband. Co-accused Zaheer Alam jeth and Sajida nanad of the deceased have already been released on bail by another bench of this Court vide orders dated 9.12.2019 and 16.4.2019 respectively, therefore the applicant is also entitled for bail. It has further been submitted that the dying declaration of the deceased is not believable and probable. There is no criminal history of the applicant and is in jail since 19.11.2018.

Per contra, learned A.G.A has opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Akbar involved in Case Crime No. 469 of 2018, under Sections 498A, 307, 304B, IPC and 3/4 D.P. Act, P.S. 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 the court concerned with the following conditions:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 9.1.2020/A.

 

 

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