WAJID ALI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.361 of 2008, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Reosa, District Sitapur. It is submitted on behalf of the applicant that he happens to be an unfortunate father-in-law aged more than 60 years. The wife i.e. mother-in-law having similar allegation against her, has already been enlarged on bail by t his Court's order dated 27.03.2009 passed in Criminal Miscellaneous Case No.751 (B) of 2009. Therefore he is also entitled to get bail on the ground of parity itself, it is submitted. He is said to be in jail from 02.12.2008. It is said that there is no criminal history against him. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the ground of parity, I find it to be a fit case for granting bail. Let the applicant (Wajid Ali) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.