1. Heard learned counsel for the applicant and learned AGA for the respondent State.
2. This is an application under Section 439 Cr.P.C. in case crime No.97 of 2020 under Sections 147, 148, 149, 452, 323, 307, 308, 324, 504, 506, 427, 188, 269 & 270 IPC and SEction 51 Disaster Management Act, 2005 registered at police station Lalganj, District Pratapgarh.
3. Allegation in the first information report is that when the complainant was taking bath in bathroom, accused Sahil looked into the bathroom from the ventilation. When she opposed, family members of accused Sahil along with present applicant came to the house of complainant armed with knife, rod and lathi and abused the complainant and her family members and threatened to kill them and beaten them.
4. Submission of learned counsel for the applicant is that in the FIR and statement recorded under Sections 161 & 164, specific role of hitting by knife has been assigned to Farook and Sahil. In the FIR, no role has been assigned to the applicant to cause injuries to injured persons, however, she was present at the place of occurrence. The applicant is languishing in jail since 06.09.2020 and almost one year is going to expire, therefore, being a lady, the applicant is entitled for enlargement on bail. He further submitted that in case the applicant is enlarged on bail, she will not misuse the liberty granted to her.
5. On the other hand, learned AGA opposed the bail but could not disputed the submission advanced by learned counsel for the applicant.
6. Considering the submissions advanced by learned counsel for parties, material available on record as well as totality of fact and circumstances, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
7. Let applicant Ashma Bano be released on bail in the aforesaid Case Crime on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
9. It is, however, made clear that the observation made above shall not affect the trial of the case.
Order Date :- 19.8.2021 Adarsh K Singh