Usman v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49857 of 2023 Applicant :- Usman Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 220 of 2022, under Sections 498-A, 323, 504, 506, 307 IPC & 3/4 D.P. Act, Police Station-Charthawal, District-Muzaffar Nagar, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Bench on

09.01.2023 and he is pressing the instant second bail application on the ground that applicant is the husband of the injured and injured however stated in her statement recorded under Section 161 Cr.P.C. that applicant pushed her from the roof and there was also allegation of demand of dowry but after rejection of the first bail application of the applicant, informant and injured both when appeared before the trial court then they did not support the prosecution case and both have been declared hostile. He further submitted that even after compromise, injured of the case i.e. wife of the applicant started living with him in his house as his wife.

¶4He further submitted that applicant is not having any criminal history and he is in jail since 27.07.2022 i.e. for last almost one and half years.

¶5Per contra, learned AGA although, opposed the prayer for bail but could not dispute the fact that during trial, injured of the case when appeared before the trial court then she did not support the prosecution case and she has been declared hostile and applicant is in jail for last almost one and half years.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 09.01.2023 and it appears that applicant is the husband of the injured but it appears that after rejection of the first bail application of the applicant, when informant and injured both appeared before the trial court as P.W. 1 and 2 then both did not support the prosecution case and both have been declared hostile.

¶8Further, as per learned counsel for the applicant, both the parties have settled their dispute and after compromise, injured also started living in the house of the applicant as his wife.

¶9Further, applicant is not having any criminal history and he is in jail since 27.07.2022 i.e. for last almost one and half years.

¶10Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Usman be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) 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 or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶13In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶14It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.12.2023 KK Patel High Court of Judicature at Allahabad