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Ankit vs State Of U.P. on 20 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 34

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 49833 of 2017

Applicant :- Ankit

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ramesh Prasad Mishra,Jawahir Yadav, Divya Ojha

Counsel for Opposite Party :- G.A.,Gaurav Maurya,Amit Dag,Amit Daga

Hon’ble Sudhir Agarwal,J.

1. Heard Ms. Divya Ojha, learned counsel for applicant and learned A.G.A. for State.

2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 331 of 2017, under Sections 498A, Section304B, Section323 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Bhojpur. District Ghaziabad.

3. It is contended that applicant has taken his wife to Hospital in burnt condition where first statement was recorded in presence of Tehsildar in which she did not implicate anybody but subsequently when another statement was recorded, she implicated the applicant. The alleged dowry demand etc. has not been supported by her parents and relatives in their statements recorded during trial. Applicant has been falsely implicated. It is stated that neither before marriage nor after marriage applicant has made demand of dowry. Allegations are false and baseless, there was no specific role assigned to applicant and no motive or intention has been shown to commit the offence. Applicant has no criminal history and he has been falsely implicated in the present case. 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 02.09.2017 and in case he is enlarged on bail, he will not misuse liberty of bail.

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

5. 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.

6. The application is allowed.

7. Let applicant, Ankit, involved in Case Crime No. 331 of 2017, under Sections 498A, Section304B, Section323 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Bhojpur. District Ghaziabad 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.

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

Order Date :- 20.9.2019

PS

 

 

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