The High Court granted bail to Jahid in a case involving sections 498-A and 307 IPC. The court noted the existence of a compromise deed and lack of flight risk, imposing standard conditions regarding witness tampering and court appearance.
Enlargement on bail via personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20113 of 2020
Applicant :- Jahid Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that the applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. It is further submitted that it is matrimonial dispute between the husband and wife in which some scuffle took place resulting in lodging of the F.I.R. It is next submitted that now they have entered into compromise and compromise deed dated 9.8.2020 has been prepared. According to the said agreement, they have decided that the victim would reside with the applicant and she has also shifted to the residence of the applicant. There is no criminal history of the applicant. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 1.10.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Jahid , involved in Case Crime No. 348 of 2019, under Sections 498-A/307 I.P.C., Police Station Fatehganj Pachhmi (West) District Bareilly be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
without seeking any adjournment.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.9.2020 Rmk.
1 issue framed by the court
Whether the applicant is entitled to bail in a matrimonial dispute case where a compromise has been reached and there is no flight risk.
5 provisions across 2 enactments
Jahid
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
