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2025 DAILYLAW 105957 (ALL)

ABDUL QADIR v. State of UP

BAIL/40211/2024 · 2025-01-15

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6630 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40211 of 2024 Applicant :- Abdul Qadir Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.471 of 2024, registered under Sections 498A, 304B, 323 & 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Quarsi District Aligarh during pendency of the trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is husband of the deceased. Cause of death is Asphyxia due to ante-mortem hanging. Learned counsel for the applicant next submits that before trial court prosecution witnesses father and brother of the deceased have not supported the prosecution story and they have been declared hostile. Prima- facie there is no evidence against the applicant. Applicant has no criminal history. The applicant is languishing in jail since 08.06.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and 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. 7. Let the applicant, Abdul Qadir, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. 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. However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably, within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment. Order Date :- 15.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad