Uttarakhand High Court
BA1/156/2021 on 20 May, 2022
Author: S.K.Mishra
Bench: S.K.Mishra
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BA1 No. 156 of 2021
Shri S.K.Mishra, J.
Upon hearing Mr. Pranav Singh, learned counsel for the applicant, Mr. J.S.Virk, learned Deputy Advocate General for the State this Court passes the following order.
This is an application under Section 439 of the Code of Criminal Procedure, 1973.
The applicant Waseem, who is facing trial in Sessions Trial No. 66 of 2020, in the Court of 1st Additional Sessions Judge, Haridwar for the alleged committed offence under Sections 307, 498-A IPC and Sections 3/4 Dowry Prohibition Act, arising out of Case Crime No. 0049 of 2020, at PS Kotwali Jwalapur, District Haridwar, has sought his released on bail.
The applicant is in custody since 17th March, 2020 though the trial is proceeding and on 18.11.2021, the victim has been examined and she has stated in her cross-examination at paragraph 18 that she has stated before the Police as well as before her parents because of anger she poured kerosene and set herself on fire. The applicant is already in custody for about two years. In that view of the matter and in view of the matter that the applicant is a permanent resident of Village Dongrila Basti near Ambedkar Nagar, Moorti Mohalla Aehbab Nagar Jwalapur, PS Jwalapur, District, District Haridwar and victim has already been examined in this case and material objects have been seized, there is no reasonable apprehension of either his absconding from justice or tempering with the prosecution witnesses/evidence. Hence, the bail application is allowed.
Let the applicant be released on bail on such suitable terms and conditions which the learned Court below deems just and proper. It is further directed that the applicant shall remain present in the Court in seisin of the case on each date of trial and shall not contact any of the prosecution witness while on bail. If he violates any of the conditions then his bail shall be cancelled without any reference of this Court Urgent copy of the order be provided to the learned counsel for the applicant as per rules.
(S.K.Mishra,J.) 20.05.2022 Kaushal