HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 4958 of 2020
Applicant :- Nafis Khan @ Raju
Opposite Party :- State of U.P.
Counsel for Applicant :- Avanish Pratap Singh,Udai Bhan Singh
Counsel for Opposite Party :- G.A.
This bail application is being disposed of as per the order dated 04.04.2020 of Hon’ble the Chief Justice.
The applicant is the husband of the injured-informant. She has alleged causing burn injuries to her by the entire family members of the matrimonial home.
From the perusal of the material on record, it appears that the doctor has found superficial to deep burn on lateral aspect of right leg, right thigh, and right side of hip of the informant. Total burn is about 20%. In the first information report there is allegation that all the family members of the matrimonial home poured kerosene oil on informant and put her on fire. Had oil been poured on the victim by all the members of her matrimonial home she would have been burned on upper part of the body. There is no such burn injury. It has been averred in the affidavit filed in support of the bail application that the informant herself inflicted burn injuries or got accidentally burned while cooking food. She does not wants to live with joint family members of the applicant. Therefore, she has alsely implicated the applicant and other accused person. The applicant is in jail since 24.10.2019. In para 26 of the affidavit filed in support of the bail application he has claimed that he has no criminal history.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Nafis Khan @ Raju who is involved in Case Crime No. 181 of 2019, under Sections 498A, 326 I.P.C and 3/4 D.P. Act, Police Station- Baberu, District- Banda, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon’ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.4.2020