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Arvind vs State Of U.P. on 22 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 48248 of 2019

Applicant :- Arvind

Opposite Party :- State of U.P.

Counsel for Applicant :- Jata Shankar

Counsel for Opposite Party :- G.A.

Hon’ble Siddharth,J.

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Arvind with a prayer to release him on bail in Case Crime No.112 of 2019, under Sections 306, Section498A IPC and 3/4 D.P. Act, Police Station Charthawal, District- Muzaffarnagar, during pendency of trial.

Submission is that the applicant is husband of the deceased. From the statements of the independent witnesses Rohtas and the minor child of the deceased, it is clear that the applicant did not put the deceased on fire. The independent witnesses have stated that some dispute took place between the husband and wife and while the husband was away from home, the victim poured kerosene oil and put herself on fire. Child witness has stated that his father was not in the house and he did not put his mother on fire. It is submitted that it is not a case of demand of dowry as alleged in the F.I.R. The marriage of the applicant with deceased was solemnized in the year 2011 and the incident took place on 20.03.2019. The applicant has been falsely implicated in the present case with some ulterior motive. The applicant has no criminal history to his credit and he is languishing in jail since 30.03.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra learned A.G.A. has 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 SectionArticle 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 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.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 22.11.2019

SFH

 

 

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