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Hameed Shah vs State Of U.P. on 21 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43590 of 2019

Applicant :- Hameed Shah

Opposite Party :- State Of U.P.

Counsel for Applicant :- Pradyumn Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Parcha filed by Sri Nabiullah, Advocate on behalf of the informant is taken on record.

Heard, learned counsel for the applicant, Sri Nabiullah, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.

Contention raised on behalf of the applicant is that he has been falsely implicated in this case being father-in-law ‘(sasur)’ of the deceased. No offence has been committed by the applicant. General and vague allegations have been made against the applicant. Neither he ever made any demand of additional dowry nor the deceased was subjected to cruelty or harassment by him. In fact, the deceased was insisting to go to her ‘maika’, which was refused by the husband of the deceased, due to which, she out of frustration committed suicide. Similarly circumstanced another co-accused- the wife of the applicant- Tahrunnisha has already been admitted to bail by this Court vide order dated 15.10.2019 in Criminal Misc. Bail Application No.42048 of 2019 (SectionTahrunnisha vs. State of U.P.). Copy of bail order has been produced by learned counsel for the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 29.06.2019.

Sri Sri Nabiullah, learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that the applicant is the king pin and the originator of the crime and has given shelter to his entire family, who at the instigation of the applicant has committed the crime.

Learned A.G.A. has also opposed prayer for bail.

Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

Accordingly, bail application is allowed.

Let the applicant – Hameed Shah involved in Case Crime No. 243 of 2019, under Sections – 498A 306 SectionI.P.C., Police Station – Machhalishahar, District – Jaunpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 21.10.2019

S Rawat

 

 

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