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Iqbal vs State Of U.P. on 18 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 46549 of 2019

Applicant :- Iqbal

Opposite Party :- State of U.P.

Counsel for Applicant :- Kunal Ravi Singh,Vipin Kumar

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Vipin Kumar, learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

2. The instant bail application has been filed on behalf of the the applicant Iqbal with a prayer to release him on bail in Case Crime No. 841 of 2019, under Sections 498A, Section342, Section323, Section324, Section307 I.P.C., and Section 3/Section4 Muslim Women (Protection of Rights on SectionMarriage) Act, 2019, Police Station- Dadari, District- Gautam Budh Nagar, during pendency of trial.

3. Learned counsel for the applicant submits that the applicant is completely innocent and arising from the matrimonial discord between the applicant and his wife in a 15 years old marriage, false and frivolous allegations had been made against him. It is further submitted that the applicant has three children from his marriage and no incident, as has been alleged took place. As per injury report, the same has been disputed to be wholly incorrect, inasmuch as, while the incident is of the date 27.7.2019, the injury report is of the date 2.8.2019, though, according to the informant, the victim had gone to her parental home on the next day following the incident. The applicant has no criminal history yet he is languishing in jail since 06.09.2019.

4. On the other hand, Sri Vikas Goswami, learned AGA submits that the real sister of the victim, who is also married to brother-in-law of the victim, had also made statement against the applicant. Insofar as the Akhlaq is concerned, who is brother-in-law of the victim, that case is not before this Court and the merits of the same cannot be examined at this stage.

5. Having heard learned counsel for the parties and keeping in mind the fact that there does appear to be matrimonial discord, 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, I find merit in the submission advanced by learned counsel for the applicant in the context of protection of liberty being sought, let the applicant Iqbal involved in the aforesaid crime 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 with the following conditions that:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressuring the witness, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 18.11.2019

Prakhar

 

 

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