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Sahid vs State Of U.P. on 28 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 48729 of 2019

Applicant :- Sahid

Opposite Party :- State of U.P.

Counsel for Applicant :- Kamalendra Kumar Maurya

Counsel for Opposite Party :- G.A.

Hon’ble Saumitra Dayal Singh,J.

1. Heard Sri Mool Chand Maurya, Advocate, holding brief of Sri Kamlendra Kumar Maurya, learned counsel for the applicant as well as Sri Sanjay Kumar Singh, learned AGA for the State and perused the material placed on record.

2. The instant bail application has been filed on behalf of the applicant – Sahid with a prayer to release him on bail in Case Crime No. – 245 of 2019, under Sections – 498A, 323, 504, 506, 307 SectionI.P.C. and 3/4 D.P. Act, Police Station – Soron, District – Kasganj, during pendency of trial.

3. Having heard learned counsel for the parties, at present:

(i) the applicant is accused of demand of dowry and criminal intimidation, punishable with imprisonment to 10 years;

(ii) against FIR lodged on 03.07.2019, the applicant is in confinement since 03.08.2019;

(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;

(iv) the applicant has no criminal history;

(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;

(vi) on prima facie basis only, it has been submitted that from the plain reading of the F.I.R., it is clear that the primary dispute between the parties was with respect to desire of the victim to frequently visit her parents to which the applicant has claimed to have objection. In that context, it has been further submitted that the burn injuries do not appear to of nature and extent as my constitute attempt to murder;

(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.

4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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, with the following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 28.11.2019

Saif

 

 

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