Allahabad High Court
Atta Ullah vs State Of U.P. on 11 November, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48422 of 2019 Applicant :- Atta Ullah Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Atta Ullah with a prayer to release him on bail in Case Crime No. 860 of 2019, under Sections 498A, 323, 325, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, 3/4 the Muslim Women (Protection of Rights of Marriage) Act, 2019, Police Station- Kotwali City, District- Bijnor, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., the applicant, who is the husband, was married to the victim Aabida, on 17.09.2017, according to the Muslim Rites and Rituals and during that ceremony several gifts and money of Rs.10,00,000/- as a dowry was given by the informant's parents to the accused-applicant as per his capacity, but, the applicant and his parents were not happy with the same. It has been alleged that the husband and in laws of the victim started demanding additional dowry of Rs. 2,00,000/- and one Alto car and mentally and physically tortured her also for non-fulfillment of dowry. On 24.08.2019, when the victim went to her parental house then at about 03:00 p.m., the applicant along with mother-in-law and father-in-law of the victim came and abused her and badly beaten for non-fulfillment of dowry with fists, kicks and danda. In order to save the victim, victim's mother came, then, the accused persons also beaten victim's mother. Injuries sustained by the injured are simple in nature. It has further been argued that victim does not want to stay with the applicant and was not satisfied with the facilities provided by the applicant. She is a short-tempered lady and stated a false story for falsely implicating the applicant. There is nothing on record to show that the victim was being harassed for non-fulfillment of dowry. The applicant is languishing in jail since 31.08.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.11.2019 Priya