Nawab vs State Of U.P.
2011 Latest Caselaw 2879 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18395 of 2011
 

 
Petitioner :- Nawab
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Sushil Kumar Pandey
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Parcha filed by Sri Pankaj Bharti on behalf of complainant is taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant and learned  AGA and perused the record.

It is contended by the learned counsel for the applicant that the applicant is   husband of the alleged victim Smt. Gulshana. The First Information Report was lodged by her father.  There is allegation of torture and committing unnatural offence, since demand of dowry could not be fulfilled. There is no medical report. In fact, some altercation took place between the victim and her husband since, she wanted to live separately.  Hence, a false allegation has been made. However,  the applicant is  in jail since 6.5.2011, therefore,  in the aforesaid facts and circumstances, he is  entitled for bail.

Learned AGA opposed the aforesaid prayer on the ground that there is clear allegation of torture and unnatural offence committed by the applicant on the instigation of his family members, hence, he is not entitled for bail.

Considering the submissions of learned counsel for the parties,  without expressing any opinion on the merits of the case, I consider it a fit case for bail.

Let the applicant Nawab  involved in  case crime no. 68 of 2010, under sections 498-A, 323, 377, 406 IPC, & 3/4 D.P. Act,  P.S. Mahila Thana, District Muzaffar Nagar  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.

Order Date :- 20.7.2011

Gss