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Natthu Khan vs State Of U.P. on 22 July, 2021

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 26653 of 2021

Applicant :- Natthu Khan

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashish Goyal

Counsel for Opposite Party :- G.A.

Hon’ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 31 of 2021, under Sections 498A, 323, 504, 506, 304B I.P.C. and 3/4 D.P. Act, P.S. Bah, District Agra, is seeking enlargement on bail during the trial.

Learned counsel for the applicant has submitted that the present accused, Natthu Khan is said to be the mediator of marriage of the deceased. He has further submitted that present co-accused is not the family member or the in-laws of the deceased. He has further submitted that the present co-accused has been falsely implicated in the present case. He has further submitted that the present accused is just mediator of the marriage and was living separately. He has next submitted that the death of the deceased was caused due to hanging and she has committed suicide.

He lastly submitted that the applicant, who is in jail since 24.04.2021.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Natthu Khan be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official

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.

Order Date :- 22.7.2021

Atul

 

 

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