Allahabad High Court
Shahjad vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30936 of 2019
Applicant :- Shahjad
Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nandan Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Keshari Nandan Singh, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shahjad with a prayer to release him on bail in Case Crime No. 90 of 2019, under Sections 323, 326, 427, 498A, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kulpahad, District- Mahoba, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., the applicant, who is the husband, was married to the victim Ruksana, on 19.04.2018, according to the Muslim Rites and Rituals and during that ceremony several gifts and dowry has been given by the informant to the accused-applicant as per his capacity, but, the applicant was not happy with the same. It has been alleged that the husband started demanding additional dowry and abused her for non-fulfillment of dowry due to which he used to beat her. On 25.04.2019, the victim was badly beaten by the applicant and he poured kerosene oil upon the victim and set her on fire with the intention to kill her. It has further been alleged that the applicant also broke the mobile phone of the victim, so that, she may not give any information to the informant. The informant came to know about the incident from his relatives. It has further been argued that due to family problems i.e. husband and wife, a hot talk has been exchanged between the applicant and the victim due to which the applicant has become angry and thrown a lamp on the victim due to which she has sustained injuries. The said injuries caused to the victim is not deliberate or intentional, it is accidental. There is nothing on record to show that the victim was being harassed for non-fulfillment of dowry. It is due to quarrel between the two, the incident took place there being no intention or motive to kill the victim. The applicant is languishing in jail since 25.05.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 1.8.2019
Priya
