Afsaar Alam @ Afsar Alam v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50454 of 2023 Applicant :- Afsaar Alam @ Afsar Alam Opposite Party :- State of U.P. Counsel for Applicant :- Aman Mehrotra,Dhirendra Singh Counsel for Opposite Party :- G.A.,Preet Pal Singh Rathore Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that in the present case, there is a matrimonial dispute between husband and wife. Informant is the wife and the matter has been referred to the Mediation Centre of this Court for mediation between the parties and as such, applicant may be enlarged on bail in the present case. The applicant has no previous criminal history. Applicant is languishing in jail since 29.10.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned counsel for the informant does not dispute the fact that matter has been referred to the Mediation Centre and submits that there is a chance that matter may be settled.

¶5Learned A.G.A. for the State opposed the prayer for bail but does not dispute factual matrix of the case.

¶6Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶7It is not the case of the State that there is a possibility of interdicting fair trial by the accused-applicant if released on bail. No material has been shown that the Applicant is of such character that his mere presence at large would intimidate the witnesses or there is any material to show that applicant will use his liberty to subvert justice or tamper with the evidence.

¶8The object of the bail is to secure the attendance of the accused, the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Learned A.G.A. has not brought any facts and circumstances to demonstrate that the character of the accused-applicant (s) is such that his mere presence at large would intimidate the witness.

¶9Learned A.G.A. has not placed any reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State will be at peril in case the Applicant is released on bail.

¶10It is not the case of the State that the applicant has been convicted for any offence on previous occasion.

¶11No material has been placed by the opposite party that the Applicant in the past has attempted to evade the process of law. Further, no material facts and circumstances have been placed to show that it is not in public interest or interest of society at large to release the applicant on bail.

¶12No material has been shown to suggest that the applicant is at flight risk, has chance of repeating the offence, or intimidating the witness if enlarged on bail.

¶13Considering the facts and circumstances of the case and the fact that the matter has been referred to Mediation Centre and the dispute is matrimonial dispute, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶14Let the applicant Afsaar Alam @ Afsar Alam involved in Case Crime No.206 of 2023, under Sections 498A, 323, 504, 506, 354, 377, 406 IPC and Section 3/6 D.P. Act, Police Station Kydganj, District Prayagraj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing.

¶15In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 2.12.2023 D. Tamang High Court of Judicature at Allahabad