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Allahabad High Court · body

2010 DIGILAW 3252 (ALL)

Mohd. Shakir v. State of U. P.

2010-10-21

NAHEED ARA MOONIS

body2010
Naheed Ara Moonis, J.:- Heard the learned counsel for the applicant, the learned AGA for the State, the learned counsel appearing on behalf of complainant and perused the record. 2. The present bail application has been moved by the applicant Mohd. Shakir in case crime no.1341 of 2010, under Sections 498-A, 323, 326 IPC and Section Dowry Prohibition Act, P.S. Izzat Nagar, District Bareilly, with a prayer that he may be admitted to bail. 3. According to the FIR, the applicant is the husband of complainant, who is said to have brutally assaulted the complainant along with other family members on account of non fulfillment of demand of dowry. The victim had received several injuries. 4. It is contended by the learned counsel for the applicant that the FIR was lodged on 7.6.2010 whereas the incident is said to have occurred in between 4.10.2009 to 5.6.2010. The injuries have been examined after a great delay, general allegations of causing injury has been mentioned in the FIR, as such it is not ascertainable who has caused the fatal injury over her ear. There is neither any demand of dowry nor she has been brutally assaulted by the applicant or other family members, vague allegations have been made for demand of dowry and ill treatment. 5. On the other hand, the learned AGA has contended that the victim was being tortured and brutally beaten by her husband and in-laws, causing severe injuries. In case, he is enlarged on bail, he will misuse the liberty of bail. 6. The learned counsel for the applicant has further contended that, the applicant has been falsely implicated in the case, the allegations made in the FIR are absolutely false and concocted. The other accused persons have already been granted bail by the another Bench of this Court vide order dated 19.8.2010 in Criminal Misc. Bail Application No.21982 of 2010. The applicant is in jail since 27.6.2010, and in case he is enlarged on bail he will not misuse the liberty of bail. 7. In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Mohd. Bail Application No.21982 of 2010. The applicant is in jail since 27.6.2010, and in case he is enlarged on bail he will not misuse the liberty of bail. 7. In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Mohd. Shakir involved in case crime no.1341 of 2010, under Sections 498-A, 323, 326 IPC and Section Dowry Prohibition Act, P.S. Izzat Nagar, District Bareilly, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:- (i)The applicant will not tamper with the evidence during the trial. (ii)The applicant will not pressurise/intimidate the prosecution witness. (iii)The applicant will appear before the trial court on the date fixed. 8. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.