High CourtsSingle Bench

Naeem vs State Of Uttarakhand

Uttarakhand High Court · Decided on 7 August 2023 · Citation: (2023) 08 UK CK 0042

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 307, 498A · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1551 Of 2023
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Judgment

9 paragraphs · 279 words

Alok Kumar Verma, J

1.

Present Bail Application has been received from the Jailor, District Jail Haridwar. Applicant-accused Naeem is in judicial custody under Sections 498 A, 307 of the Indian Penal Code, 1860 and Section 3 read with Section 4 of the Dowry Prohibition Act, 1961 in connection with the Case Crime No.49 of 2020, registered at police station Kotwali Jawalapur, District Haridwar.

2.

Mr. Sandeep Tandon, Advocate, contended that the applicant has been falsely implicated in the present matter. Applicant is the husband of the injured. Injured-Saista (PW2) stated in her cross-examination that she set herself on fire in anger. Her husband (applicant) saved her by throwing a blanket over her.

3.

Mr. Sandeep Tandon, Advocate, has further submitted that the applicant is in custody since 18.03.2020 and he has no criminal history. Co-accused persons have been granted bail by this Court.

4.

On the other hand, Mr. V.S. Rathore, A.G.A., has opposed the Bail Application.

5.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

6.

The Bail Application is allowed.

7.

Let the applicant – Naeem, be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

8.

Registry is directed to send a copy of this order to the Superintendent of Jail, Haridwar for necessary compliance.