Mohd. Badar vs State Of U.P.
2014 Latest Caselaw 2003 ALL

Citation : 2014 Latest Caselaw 2003 ALL
Judgement Date : 23 May, 2014

Allahabad High Court

Mohd. Badar vs State Of U.P. on 23 May, 2014

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17818 of 2014
 

 
Applicant :- Mohd. Badar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Arvind Agrawal
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Arvind Agrawal, learned counsel for the applicant and Sri Nikhil Chaturvedi, learned A.G.A. appearing for the State.

It has been submitted by the learned counsel for the applicant that the applicant is father-in-law of the deceased and only general allegations have been levelled against him. He further submits that there is no dying declaration against the applicant. He further submits that husband of the deceased namely Afsar is already confined in jail. The applicant is in jail since 9.9.2013.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

Let the applicant Mohd. Badar involved in Case Crime No.343 of 2013 under Sections 498-A, 304-B, 201 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Rasoolpur, District Firozabad 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 continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

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 case of the applicant is distinguishable from the case of husband of the deceased namely Afsar.

Order Date :- 23.5.2014

Dev/-