HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 2136 of 2020
Applicant :- Munsab
Opposite Party :- State of U.P.
Counsel for Applicant :- Irshad Ahmad
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Irshad Ahmad, learned counsel for the applicant; Sri Mohit Singh, learned counsel for the informant, upon appearance filed today, as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant – Munsab with a prayer to release him on bail in Case Crime No. 0179 of 2019, under Sections-307, 323, 498A IPC and Section 3/4 Dowry Prohibition Act, P.S.-Asmauli, District-Sambhal, during pendency of trial.
3. At the outset, it is stated that co-accused Faisar, Rehan Salim, have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.36314 of 2019, 39103 of 2019 40484 of 2019, vide orders dated 23.10.2019, 24.09.2019 27.09.2019 respectively. Though, the anticipatory bail application filed by the applicant had been rejected, however, it is submitted that keeping in mind, the totality of the facts and circumstances of the case and the nature of allegations levelled against the other co-accused being of rape who have already been enlarged on bail, the applicant is also entitled to bail as it is a case of pure matrimonial discord and not of any real occurrence.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant 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:-
(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.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.1.2020