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Akhlaq vs State Of U.P. on 12 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 34

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 37084 of 2017

Applicant :- Akhlaq

Opposite Party :- State Of U.P.

Counsel for Applicant :- Abhinav Singh

Counsel for Opposite Party :- G.A.

Hon’ble Sudhir Agarwal,J.

1. Heard Sri Abhinav Singh, learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.

2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 423 of 2011, under Sections 498A, Section304B, Section506 IPC and 3/4 SectionDowry Prohibition Act, Police Station Kandhla, District Shamli.

3. This is second bail application moved by applicant. First Bail Application 443 of 2013 has been rejected vide order dated 16.5.2014 by Hon’ble Mr. Justice Virendra Vikram Singh.

4. Learned counsel for applicant submits that after rejection of his first bail application on 16.5.2014, till date, trial has not proceeded property, inasmuch as, only PW-1 has been examined and examination-in-chief of PW-2 has been done and due to apathy shown by prosecution and his witnesses, trial is prolonging without any fault of applicant. There is no chance 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 seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 12.12.2011 and in case he is enlarged on bail, he will not misuse liberty of bail.

5. Learned A.G.A. has opposed the prayer for bail.

6. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.

– 2 –

7. The application is allowed.

8. Let applicant, Akhlaq involved in Case Crime No. 423 of 2011, under Sections 498A, Section304B, Section506 IPC and 3/4 SectionDowry Prohibition Act, Police Station Kandhla, District Shamli 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.

9. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.

Order Date :- 12.7.2019

KA

 

 

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