Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Nazir vs State Of U.P. on 15 June, 2010
Court No. - 6

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11127 of 2010

Petitioner :- Nazir
Respondent :- State Of U.P.
Petitioner Counsel :- Irshad Ahmad,Manoj Kumar
Respondent Counsel :- Govt Advocate

Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application has been filed on behalf of the applicant Sunil Kumar
Sharma who his accused in Case Crime No. 58 of 2010, under Sections 323,
324, 506 I.P.C., and 3/4 D.P. Act, registered with P.S. Bhojpur, District
Moradabad for being enlarged on bail during the pendency of the trial.
It is contended that the applicant has been falsely implicated in the instance
case by the complainant, who is his wife as a result of the matrimonial dispute
between them. It has further been stated that the neither any demand of dowry
was ever nor any injury had been caused by the applicant or his family
members to the complainant. It has been next contended that the injuries
allegedly received by the injured are manufactured and superficial.

He lastly contended that the applicant has no criminal antecedents and he in in
jail since 15.3.2010.

The bail prayer has however been opposed by the learned A.G.A.
Considering the nature of submissions made on behalf of the applicant and the
fact that the applicant has no criminal antecedents, this court is of the view
that the applicant is entitled to be enlarged on bail.
Let the applicant Nazir son of Late Shri Sabir Hussain involved in Case Crime
No. 58 of 2010, under Sections 323, 324, 506 I.P.C., and 3/4 D.P. Act,
registered with P.S. Bhojpur, District Moradabad be released on bail on his
executing a personal bond and furnishing two sureties each in the like amount
to the satisfaction of the court concerned subject to the following conditions:-

I.The applicant shall record his attendance before the concerned C.J.M. on the
7th day of every month.

II.The applicant shall not tamper with the prosecution evidence.
III.The applicant shall co-operate in the early conclusion of the trial and will
not seek any unnecessary adjournments.

In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

Order Date :- 15.6.2010
vks


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