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Imran vs State Of U.P. on 26 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 29976 of 2019

Applicant :- Imran

Opposite Party :- State Of U.P.

Counsel for Applicant :- Sunil Kumar Singh,Ram Bahadur,Sri Anil Srivastava, Sr.Adv.

Counsel for Opposite Party :- G.A.

Hon’ble Arvind Kumar Mishra-I,J.

Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sri S.K. Singh, learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The general and vague allegations have been made against the accused including the applicant. There was no motive for the applicant ever to indulge in the crime. The applicant cannot be said to be beneficiary of the transaction. The present applicant happens to be Jeth of the deceased. Similarly circumstanced co-accused Mohd. Sabbir Quraishi (father-in-law), Furqan, Shahnawaz (Devars) and Zameer (Jeth) of the deceased have already been admitted to bail by a coordinate Bench of this Court vide orders dated 18.05.2016 and 09.08.2016 in Criminal Misc. Bail Application Nos.15290 of 2016 and 26336 of 2016, respectively, copies whereof have been brought on record vide annexure no.5 to the affidavit filed in support of this bail application. 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 criminal history and is languishing in jail since 19.06.2019.

Learned A.G.A. has 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 Imran involved in Case Crime No.62 of 2016, under Sections 498A, Section304B, Section201 I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Chhatta, District Agra 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 subject to the condition with the following conditions;

(i) The applicant will cooperate with the proceeding before the trial court.

(ii)The applicant will appear before the trial court on the date fixed before the trial court.

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

Order Date :- 26.7.2019

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