Allahabad High Court
Ummed Khan vs State Of U.P. on 6 June, 2017
Bench: Vijay Lakshmi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20021 of 2017
Applicant :- Ummed Khan
Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Sharma,Pankaj Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in this case by the complainant with an ulterior motive. It is further contended that the FIR was lodged by means of an application u/s 156(3) Cr.P.C., which was treated as a complaint case. It is further contended that false allegation of dowry demand has been made by the complainant by a general allegation against the entire family; there is no injury report to support the allegation of cruelty; the complainant/ wife, who had performed her second marriage with the applicant, had voluntarily left her matrimonial home whereas the applicant and his family members were treating her with love and affection and the applicant is still ready to keep and maintain his wife with love, honour and dignity of a wife. It is lastly contended that applicant is languishing in jail since 14.4.2017, there is no likelihood of early disposal of the trial and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in trial.
Learned AGA has opposed the bail application but he could not point out any thing relevant to contradict the aforesaid submissions.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant, Umed Khan, involved in Case No. 381 of 2016, under sections 498A, 323, 504, 506 I.P.C. and 3/4 D. P. Act, P.S. Kotwali Hathras, District Hathras, be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.6.2017
Pcl
