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Naseem vs State Of U.P. on 16 May, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 20536 of 2019

Applicant :- Naseem

Opposite Party :- State Of U.P.

Counsel for Applicant :- Syed Ali Imam

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicant, 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, brother of applicant about 7 years ago from the date of alleged incident. The deceased and her husband were living in Loni at Ghaziabad. The applicant was living separate from the deceased and her husband in 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. In the dying declaration the deceased has not made any allegation against the applicant. The co-accused Nafees having identical role has already been released on bail by this court vide order dated 16.4.2019 in Criminal Misc. Bail Application No. 15635 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 18.4.2019.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Nafees having identical role has already been released on 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 Naseem involved in Case Crime No. 2815 of 2018, under Sectionsection 498A, Section323, Section302 IPC, 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 :- 16.5.2019

Masarrat

 

 

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