Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4114 of 2019 Applicant :- Ayisha Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ayisha seeking bail in Case Crime No. 140 of 2018, under Sections 147, 302, 323, 506 IPC, Police Station Shikarpur, District Bulandshahar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that FIR has been lodged against as many as five persons including the applicant and as per the postmortem report, there is only single injury caused to the deceased Shakir.
Learned counsel for the applicant has next submitted that similarly placed co-accused Meena and Hassan @ Hasan have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 41047 of 2018 and 45294 of 2018 vide orders dated 01.11.2018 and 05.12.2018 respectively.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to her credit and she is in jail since 13.05.2018 and in case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to her credit and she is in jail since 13.05.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Ayisha 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 Nadim