Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38455 of 2018 Applicant :- Smt Anjum Opposite Party :- State Of U.P.
Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Smt. Anjum in Case Crime No. 64 of 2018, under Sections 302, 201 I.P.C., Police Station- Rajabpur, District- Amroha/J.P. Nagar with the prayer to enlarge her on bail.
It is submitted by learned counsel for the applicant that the applicant is a lady and she has been falsely implicated in the present case. In the present case, 13 old year boy was done to death due to injury caused by Gadasa by the husband of the applicant namely Sharfaraj and weapon of murder was also recovered from his possession. The case of the applicant is distinguishable from that of co-accused Sharfaraj. It is also argued that mother of the applicant Shahida has been enlarged on bail by a coordinate Bench of this Court vide an order dated 26.06.2018 in Criminal Misc. Bail Application No. 23390 of 2018. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.03.2018, having no criminal history to her credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Smt. Anjum be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
It is made clear that the case of the applicant is distinguishable from that of co-accused Sharfaraj against whom allegation of causing injury by Gadasa has been alleged and recovery has also been affected from him.
Order Date :- 27.10.2018/ Vikas