HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 17640 of 2018
Applicant :- Farman
Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Prakash Dubey,Shashi Kant Pandey
Counsel for Opposite Party :- G.A.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that from the statement of father and mother of the deceased and other witnesses it is clear that they have not supported the allegations in the FIR. They have stated that the deceased committed suicide on account of dispute with her husband. A supplementary affidavit has been filed in court today annexing therewith the certified copy of the order sheet of the trial court. The charges have been framed in this case on 01.06.2018 and thereafter, the dates are being fixed but witnesses are not appearing before trial court. The applicant is in jail since 25.11.2017 and has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of SectionArticle 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Farman, be released on bail in Case Crime No. 208 of 2017, under Section- 498A, 304B SectionI.P.C. and Section 3/Section4 Dowry Prohibition Act, Police Station- Kithore, District- Meerut, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 26.8.2019