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Aslam vs State Of U.P. on 22 October, 2019


?Court No. – 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 37063 of 2019

Applicant :- Aslam

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pankaj Dwivedi

Counsel for Opposite Party :- G.A.,Avanish Kumar Shukla,Mithilesh Kumar Shukla

Hon’ble Siddharth,J.

Heard learned counsel for the applicant, Sri Mithilesh Kumar Shukla, learned counsel for the informant and learned A.G.A. for the State.

It has been submitted that the victim has suffered burn injuries. The applicant, who is the husband, has taken her to Agra and New Delhi for treatment. The victim has stated before the Doctor that she suffered injuries while cooking food on LPG Gas Stove. However, in the first information report, it has been alleged that family members of matrimonial home had poured petrol and put her on fire. It has been submitted that the incident took place on 14.10.2018 but the first information report was lodged on 23.02.2019. It has been submitted that it is a case of false implication of the entire family. Applicant is in jail since 23.06.2019 and has no criminal history to his credit.

On the other hand learned AGA has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Aslam, involved in Case Crime No.103 of 2019, under Sections 498A, Section323, Section506, Section307 IPC and 3/4 of D. P. Act, Police Station Shahganj, District- Agra 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

Order Date :- 22.10.2019




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