Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47851 of 2018 Applicant :- Bilkis Opposite Party :- State Of U.P.
Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Irkan, Vilkis and Smt. Kamar Jahan alleging that they used to assault Mohd. Arsh(four years), nephew of complainant and on 11.8.2017 at 3 P.M. they beat Mohd. Arsh badly who became unconscious; when complainant tried to bring him to the doctor, they snatched him; and at 8 P.M. they were seen going to the jungle with Mohd. Arsh. Subsequently, his dead body was found and according to postmortem report, cause of death was found strangulation.
It is submitted by learned counsel for the applicant that the applicant is a lady and is languishing in jail since 19.8.2017(nearabout one year four months) having no criminal history; she has been falsely implicated in the present case due to enmity; in case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial. There is no possibility to get this case decided in near future. Role of strangulation was assigned to co-accused Irkan so that step son may not get share in his property. Co-accused Smt. Kamar Jahan(grandmother) has already been enlarged on bail by this Bench vide order dated 11.4.2018 passed in Criminal Misc. Bail Application No. 7930 of 2018.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Bilkis involved in Case Crime No.319 of 2017, under Sections 364, 302 & 201 IPC, Police Station Kithore, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2018 P.P.