Allahabad High Court
Sarafat vs State Of U.P. on 11 May, 2022
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14415 of 2022
Applicant :- Sarafat
Opposite Party :- State of U.P.
Counsel for Applicant :- Pramit Kumar Pal
Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been preferred with a prayer to release the applicant on bail in Case Crime No.819 of 2021 under Sections 498A, 304B, 323, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Quarsi, Distt. Aligarh during pendency of the trial in the court below.
It has been argued by learned counsel for the applicant that the applicant is brother-in-law (Jeth) of the deceased. He is innocent and has been falsely implicated in this case. He has no criminal antecedent. He is languishing in jail since 31.1.2022. There is no specific evidence against the applicant about his involvement in the commission of offence. The applicant is living with his family in a separate house and as such he cannot be said to be involved in the said crime. There is no direct, indirect or specific allegations or evidence for making demand of dowry against the applicant. It is submitted that the husband of the deceased namely Aasif son of Rasheed Khan is in jail. The other co-accused namely Saffiq Ullaha @ Faheem, who is brother-in-law of the deceased, has already been granted bail by this Court on 3.2.2022 in Criminal Misc. Bail Application No.1404 of 2022. Another co-accused namely Nizamuddin @ Sufi, who is Mamiya Sasur of the deceased, has also been granted bail by this Court on 16.2.2022 in Criminal Misc. Bail Application No.4495 of 2022. As such it is contended that the applicant is also entitled for similar indulgence.
Learned counsel for the applicant fairly submits that in the present matter chargesheet has already been submitted qua Aasif, Nizamuddin and Saffiq Ullaha and on which cognizance has also been taken by the competent court vide order dated 22.11.2021. So far as present applicant is concerned, the investigation is going on.
Learned counsel for the applicant in support of his submissions has placed reliance upon the judgment of Hon'ble Apex Court dated 6.2.2018 in Criminal Appeal No.227 of 2018 (Dataram Singh v. State of U.P. & Ors.) and the order of Punjab and Haryana High Court dated 14.10.2020 in CRM-M-31988-2020 (O&M) (Kamal v. State of Haryana).
Learned AGA opposed the prayer for bail and submits that the applicant has been named in the F.I.R.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-Sarafat involved in aforesaid Case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 11.5.2022
SP/
