Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55940 of 2019 Applicant :- Smt. Chaman Firoz Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sanjay Singh, learned counsel for the applicant as well as Sri Nagendra Kumar Srivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Smt. Chaman Firoz with a prayer to release her on bail in Case Crime No. 498 of 2019, under Sections 370, 420 IPC, Police Station - Shahabad, District - Rampur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence of trafficking and cheating, punishable with imprisonment upto seven years;
(ii) against FIR lodged on 11.11.2019, the applicant is in confinement since 16.11.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is stated to be pending, yet, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been stated by learned counsel for the applicant that the informant and present applicant are real brother and sister and that owing to some pending family disputes, wholly false and unsubstantiated allegations have been made against the present applicant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 AHA