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Neutral Citation No. - 2025:AHC:128913 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8146 of 2024 Applicant :- Firoz Alam Opposite Party :- State of U.P. Counsel for Applicant :- Atharva Dixit,Aushim Luthra Counsel for Opposite Party :- G.A.,Meraj Ahmad Khan Hon'ble Dr. Gautam Chowdhary,J. Heard learned counsel for the applicant, Sri Meraj Ahmad Khan,
learned counsel for the informant, learned counsel for the State and perused the material on record. This is the second bail application moved on behalf of the applicant for enlarging him on bail in Case Crime No. 460 of 2021 under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at P.S.Nakhasa, District Sambhal. The first Criminal Misc. Bail Application No. 46254 of 2022 has been dismissed by this Court vide order dated 13.01.2023.
Learned counsel for the applicant submits that the applicant is the husband of the deceased and he has been falsely implicated in the charges levelled against him and that there is no direct evidence against the applicant. He further submits that by the efflux of time, the trial commences and that all the witnesses of fact have already been examined thus there is no chance of tampering with the evidence or to flee from judicial process. Several other
submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 17.11.2021 having no criminal history. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. Let the applicant- Firoz Alam be released on bail in the aforesaid case crime number on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. The bail application is allowed.
Order Date :- 1.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad