Case :- CRIMINAL MISC. BAIL APPLICATION No.…
Released on bail with personal bond and two sureties under Sections 498-A, 306 and 120-B IPC.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13984 of 2019
Applicant :- Rahim Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for the offence under section 306 IPC upon death of his wife; that as per averments made in F.I.R. lodged by Sheikh Gayasuddin on 5.8.2018 under sections 498-A, 302 and 120-B IPC, his daughter Tabassum was married to applicant on 29.5.2011 and since after marriage, she was being treated with cruelty for non fulfilment of demand of Rs.1,00,000/- and since she was not blessed with any child, her Nanads Husn Bano and Anjum used to taunt her for being issue-less and Gulam Gaush advised for her murder and on 2.8.2018 between 12:00 to 1:00 p.m. with an intention to make second marriage of applicant all accused-persons burnt Tabassum to death; that entire prosecution story is absolutely false and incorrect; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that during the period of over 07 years, there is not even a single complaint regarding demand of dowry or subjecting deceased with cruelty; that as per post mortem report death of deceased did take place due to asphyxia as a result of ante mortem burn injuries; that there is no eye witness of the incident and the allegations of causing murder of Tabassum by putting her on fire are absolutely wrong and incorrect; that deceased being issue-less was living under depression and appears to have committed suicide by immolating herself inside inner room; that applicant neither aided nor abetted nor instigated deceased for committing suicide; that co-accused Ayub Khan and Husn Bano have been granted bail by Sessions Judge, Deoria vide order dated 13.12.2018, copy at Annexure No.7; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 7.10.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Rahim Khan be released on bail in Case Crime No. 186 of 2018 (S.T. No.3 of 2019) under Sections 498-A, 306 and 120-B I.P.C., P.S. Lar, District Deoria on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 5.4.2019 Tamang
Rahim Khan
Harsh Kumar
As recorded by the court registry
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