Nijam Khan vs State Of U.P.
2016 Latest Caselaw 4380 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23885 of 2016
 

 
Applicant :- Nijam Khan
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjay Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

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

The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case.

F.I.R was lodged against the husband, mother in law and father-in-law by brother of the deceased under Sections 498-A, 307 and 3/4 of Dowry Prohibition Act, whereby it is stated that due to demand of dowry, the prosecutrix was burned after pouring the kerosene oil upon her and in serious condition she was admitted to the hospital.

Learned counsel for the applicant stated that dying declaration of prosecutrix was taken by S.D.M and she has stated during statement that demand of dowry and also motorcycle was made by mother-in-law, who after pouring the kerosene oil on her, husband set her at fire. She also stated that one woman carrying the water, poured upon her and further brother-in-law - Preet also covered her with sacks, that by extinguishing the fire. Whereas learned A.G.A oppose the bail.

From the dying declaration statement of prosecutrix it can be inferred that it was mother-in-law, who was demanding the dowry. The presence of accused-applicant at the spot is not alleged.

It is next contended that the applicant is in jail since 16.03.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.

Let the applicant ? Nijam Khan involved in Case Crime No. 35 of 2016, under Sections 498-A, 304-B I.P.C & 3/4 of Dowry Prohibition Act, Police Station ? Barnahal, District ? Mainpuri, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the 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.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 20.7.2016

Vinod.