Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19402 of 2021 Applicant :- Ashiya Khatoon And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kumar Singh,Dharnidhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Certified copy of first information report filed by learned counsel for the applicant, is taken on record.
Heard learned counsel on behalf of applicants and Sri Sanjay Singh, learned AGA-I for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Ashiya Khatoon and Hazrat Ali, with a prayer to release them on bail in Case Crime No. 173 of 2020, under Sections 498A, 306 IPC, Police Station- Khesarha, District- Siddharth Nagar, during pendency of trial.
Learned counsel on behalf of applicants submits that applicants are innocent and have been falsely implicated in the present case. It is next contended that against the first information report dated 13.10.2020 applicants filed a Criminal Misc. Writ Petition No. 12517 of 2020 which was disposed of by this Hon'ble Court on 18.11.2020 with the direction that the applicants shall not be arrested till the submission of police report u/s 173(2) Cr.P.C., a copy of order has been annexed as Annexure No. 6 to the affidavit filed in support of bail application. The applicants have no criminal history.
Learned AGA vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicants are entitled to be released on anticipatory bail in this case.
Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.
3. That the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
Order Date :- 20.12.2021 Arti