Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11257 of 2018 Applicant :- Smt. Akbarun Nisha Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Farooq Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohd.Farooq, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of her prayer for bail submits that she has not committed any offence and has been falsely implicated in the present case. It is next contended that a writ petition has been filed before this court. The order of the same is annexed as Annexure-5 to this bail application. In the order passed in the said writ petition it was observed that the impugned order dated 24.12.2012 was passed on the basis of enquiry report dated 21.12.2012 and that no show cause notice or opportunity to contradict the enquiry report dated 22.12.2017 was ever accorded to the petitioner. It was also observed in the order that in the event the petitioner deposits 50% of the amount within four weeks pursuant to the impugned order, the balance amount shall not be recovered. The present F.I.R. is an outcome of the same facts. The applicant is a lady, therefore, she is entitled to get the benefit of Section 437 Cr.P.C.She is under detention since 8.3.2018 and carries no previous criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and also considering the above aspect of the matter this Court enlarges the applicant on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Smt. Akbarun Nisha involved in Case Crime No.106 of 2015, under sections 409, I.P.C,,P.S.Sultanpur Ghosh, District Fatehpur be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 28.3.2018 IA