Allahabad High Court
Ashish And Another vs State Of U.P. on 24 May, 2022
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11208 of 2022
Applicant :- Ashish And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar,Mukul Yadav
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 applicants on bail in Case Crime No.71 of 2019 under Section 498-A, 304B, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Chharra, Distt. Aligarh during pendency of the trial in the court below.
It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is contended that the incident took place on 17.5.2019 at 10.00 a.m. while the FIR was lodged on the same day at 19.00 p.m. and as such the FIR is anti time and afterthought. So far as complicity of the applicants, who are Jeth and Jethani of the deceased, the same cannot sustain as they have separate living and they have never inflicted upon cruelty or demanded any dowry in the matter. The supplementary affidavit, appending therewith the ration card of the applicants, showing the separate living, is taken on record. Lastly, it has been submitted that the applicants are languishing in jail since 27.1.2022 having no criminal history and there is no likelihood of applicants' fleeing from course of justice or tempering with evidence, in case, they are released on bail.
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 applicants-Ashish and Smt. Rekha Gupta 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 applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/ intimidate the prosecution witness.
3.The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants 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 applicants in accordance with law.
Order Date :- 24.5.2022
SP/
