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Farman vs State Of U.P. on 27 March, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 11985 of 2019

Applicant :- Farman

Opposite Party :- State Of U.P.

Counsel for Applicant :- Atul Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is Jeth of the deceased. At the time of alleged incident he was living separate from the deceased and her husband. The applicant has not harassed or tortured to the deceased and is not the beneficiary of the alleged demand of dowry. It has further been submitted that the dying declaration of the deceased was recorded on 8.7.2016 at 10:55 P.M. by the Naib Tehsildar. The deceased in her dying declaration has made general allegation for setting her on fire against her husband, mother-in-law, Jeth and one Jethani. There are two Jeths of the deceased. The name of another Jeth is Ehsan Rizvi son of Imran. The FIR of the alleged incident was lodged by the brother of the deceased on 9.7.2016 at 4:00 P.M. after dying declaration of the deceased. In FIR the role of pouring kerosene oil upon the deceased has been assigned to co-accused Sonu @ Saddam and the role of setting her on fire has been assigned to co-accused Riyasat. The role of catching hold to the deceased has been assigned to applicant and 3 others. It has further been submitted that during investigation the involvement of Riyasat has been found false. No charge-sheet was submitted against Riyasat. In FIR it has been mentioned that the deceased told the informant about the alleged incident and the FIR was lodged on the basis of information given by the deceased. It has further been submitted that the applicant has falsely been implicated in the present case. In fact, the applicant has no concern with the alleged incident. Wife of applicant namely Imrana has already been enlarged on bail by another bench of this court vide order dated 4.7.2018 in Criminal Misc. Bail Application No. 24304 of 2018, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 10.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Farman involved in Case Crime No. 262 of 2016, under section 498A, 323, 506, 304B IPC and 3/4 D.P. Act, P.S. Incholi, District Meerut be released on bail 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:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 27.3.2019

Masarrat

 

 

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