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Nafees vs State Of U.P. on 16 April, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 15635 of 2019

Applicant :- Nafees

Opposite Party :- State Of U.P.

Counsel for Applicant :- Syed Ali Imam

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Sri Ram Raj Pandey, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

Heard learned counsel for the applicant, Sri C.P. Pandey holding brief of Sri Ram Raj Pandey,learned counsel for the complainant as well as 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. The marriage of the deceased was solemnized with Anees about 7 years ago from the date of alleged incident. The deceased and her husband were living at Loni, Ghaziabad. The applicant was living separate from the deceased and her husband at village Sururpur District Baghpat. It has further been submitted that applicant has no concern with the alleged incident. He has falsely been implicated in the present case. The dying declaration of the deceased was also recorded by the I.O. In her dying declaration the deceased has made specific allegation against her husband for setting her on fire after pouring something. The deceased in her dying declaration has not made any allegation against the applicant. The case of the applicant is distinguishable from the case of husband of the deceased. The applicant has no criminal history and is in jail since 14.12.2018.

Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that applicant is named in the FIR. In FIR it has been mentioned that the deceased has told to informant about the alleged incident and she has also disclosed the name of applicant, therefore, he is not entitled 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 Nafees involved in Case Crime No. 2815 of 2018, under section 498A, 323, 302 IPC and Section 3/4 D.P. Act, P.S. Loni, District Ghaziabad 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 :- 16.4.2019

Masarrat

 

 

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