Single judge allowed bail to the applicant in a case under Sections 498A, 307/323/506 IPC, noting that the injured person did not implicate him and the applicant has no criminal history.
Released on bail by furnishing a personal bond and two reliable sureties each of the like amount.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31717 of 2022
Applicant :- Abhishek @ Bittu Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Tripathi,Shantanu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Saurabh Tripathi, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State and perused the record.
2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 100 of 2022, under Sections 498A, 307/323/506 I.P.C., P.S. Dhampur, District Bijnor.
3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 03-04-2022 against 7 named accused persons, including the applicant, alleging that the informant's sister had got married with co-accused Sachin in the year 2012; that the co-accused Sushma is a Mami of Sachin and the applicant is the son of Sushma. The F.I.R. further alleges that all the accused persons had poured diesel on the informant's sister and put her to fire causing severe burn to her.
5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 06-05-2022.
6.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
7.Having considered the aforesaid facts and submissions and keeping in view the fact that the injured person has not implicated the applicant in her statement and also keeping in view the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
8.Let the applicant - Abhishek @ Bittu be released on bail in
Case Crime No. 100 of 2022, under Sections 498A, 307/323/506 I.P.C., P.S. Dhampur, District Bijnor on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
9.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 11.10.2022
pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.10.12 17:10:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail pending conclusion of the trial.
Abhishek @ Bittu
State of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
