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Sukhbir @ Landa vs State Of U.P. on 4 March, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 8456 of 2020

Applicant :- Sukhbir @ Landa

Opposite Party :- State of U.P.

Counsel for Applicant :- Bipin,Kuldeep Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon’ble Raj Beer Singh,J.

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

The present bail application has been filed by the applicant in case crime No. 566 of 2019, under Sections 498A, 323, 504, 506, 307 IPC and Section 3/4 Dowry Prohibition Act, P.S. Kankarkhera, District Meerut with the prayer to enlarge the applicant on bail.

It has been argued by the learned counsel for applicant that applicant is father-in-law of the complainant and he has been falsely implicated in this case. The alleged incident has been shown of 17.01.2019 but FIR has been lodged on 01.07.2019 by moving an application under Section 156(3) Cr.P.C., making false and baseless allegations. Learned counsel has pointed out statement of victim, which has been recorded by the Magistrate, and stated that in that statement, victim has clearly stated that she has suffered burn injury due to an accident as bottle of kerosene has fallen down while she was standing near gas and that she has not named applicant or co-accused persons in her statement. The marriage of injured with son of applicant was solemnized about six years prior to incident and out of that marriage they were having three children but during that period of six years no complaint was made. It has been submitted that applicant is father-in-law of victim, and he is aged about 70 years and that he is languishing in jail since 09.10.2019 and in case, the applicant is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail and argued that victim in her statement under Section 161 Cr.P.C. has stated that applicant and co-accused persons have put her on fire and resultantly she has sustained 40 percent burn injury. It was stated that as per her statement, applicant has caught the victim and that her husband has set her ablaze.

Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Sukhbir @ Landa involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.

Order Date :- 4.3.2020

A. Tripathi

 

 

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