Danish v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 994 of 2023 Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar,Imran Khan,M J Akhtar Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.349 of 2022 at Police Station-Najibabad, District-Bijnor under Sections 376A, 376D, 506 IPC and Section 67 of the I.T. Act. The applicant is in jail since 21.09.2022. The bail application of the applicant was rejected by the learned trial court on 16.12.2022. The following arguments made by Shri V.M.Zaidi, learned Senior Counsel assisted by Shri M.J. Akhtar, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Ramesh Chandra Upadhyay, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The delay in lodgment of the F.I.R. in the facts and circumstances of the case is fatal to the prosecution case.

¶2The F.I.R. is the result of matrimonial dispute between the victim and her husband.

¶3The applicant has been nominated as he was a close friend to the husband of the victim.

¶4The criminal proceedings are being leveraged in the matrimonial dispute.

¶5The victim declined to undergo medical examination as it would falsify the prosecution case.

¶6The applicant does not have any criminal history apart from this case.

¶7The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Danish be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 16.10.2023 Ashish Tripathi High Court of Judicature at Allahabad