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Rashid vs State Of U.P. on 20 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50792 of 2019

Applicant :- Rashid

Opposite Party :- State of U.P.

Counsel for Applicant :- Abhishek Ankur Chaurasia,Diwan Saifullah Khan

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 applicant is husband of the deceased. The marriage of applicant was solemnized with the deceased on 26.2.2018. There was no dispute of demand of dowry. The applicant had not made any demand of money from the deceased and her parents. The FIR of the alleged incident has been lodged after one month of the alleged incident. The dying declaration of the deceased was also recorded in which she has clearly stated that her mother-in-law Sharifan set her on fire after pouring kerosene oil. She further stated that applicant tried to save her (deceased) due to which he received burn injuries in his hands. It has further been submitted that in her dying declaration she has not made any allegation against the applicant. The applicant has falsely been implicated in the present case. The case of the applicant is distinguishable from the case of co-accused Sharifan, mother-in-law of the deceased. The applicant has no criminal history and is in jail since 12.6.2019.

Per contra; learned A.G.A. has opposed the prayer 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 Rashid involved in Case Crime No. 102 of 2019, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Etmaddaula, District Agra 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 :- 20.11.2019

Masarrat

 

 

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