Allahabad High Court
Zafar vs State Of U.P. on 15 July, 2016
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19425 of 2015
Applicant :- Zafar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mazhar Ullah
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Karuna Nand Bajpayee,J.
Supplementary affidavit filed on behalf of applicant by Sri K.K. Mishra, Advocate is taken on record.
Heard Sri K.K. Mishra, learned counsel for the applicant and learned A.G.A.
Perused the record.
Submission of learned counsel for the applicant is that the applicant is the husband of the deceased and though the allegations of the witnesses are also against the applicant but as a fact of matter, he was not at all involved or contributory to the death of the deceased-wife. Further submission is that in fact it was the applicant who had rushed the injured wife to the hospital without loosing any time and had got her admitted in the hospital where she was given full treatment. Learned counsel for the applicant has also drawn attention of the Court towards the medical examination of Ruma in which the name of the applicant has been entered as the person who had brought the deceased to the hospital. Much emphasis has been laid by the learned counsel for the applicant on the dying declaration of the deceased in which she has categorically alleged that her three sister-in-laws, namely, Reshma, Amno and Shabana and the mother-in-law Hajra Begum had come in the room where she was at the time of incident and they had sprinkled kerosene oil on her person and then she was set ablaze. On being questioned as to where her husband was at the time of occurrence she had categorically replied that at that time her husband was out side the room and had come only after she had been set at fire. Further submission is that in view of the dying declaration the case of the applicant becomes distinguishable from the case of 4 accused who appear to be principal offenders in the case responsible for causing death of the deceased. Further submission is that subsequent conduct of the applicant in managing her medical treatment and taking her to the hospital is also compatible with his innocence and is wholly incompatible with his guilt. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.7.2014 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail as his case appears distinguishable from co-accused.
Let the applicant Zafar involved in Case Crime No. 244 of 2014 u/ss 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, P.S. Gang District Rampur be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 15.7.2016
CPP/-
