Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34989 of 2018 Applicant :- Fareeda Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State and perused the record.
As per the prosecution case, the deceased went to collect his money and thereafter, went missing; on the last seen evidence, the applicant along with co-accused Fariad and Arif were arrested; in their extra judicial confessional statement Fariad and Arif have confessed the commission of the crime, as applicant was having an affair with the deceased; assault weapon fawda has been recovered on the pointing out of co- accused Fariyad; applicant is the wife of co-accused Arif and co-accused Fariyad is the brother of the applicant; body of the deceased was discovered from underneath the earth on the pointing out of co-accused Arif and Fariyad; viscera report shows poison.
Learned counsel for the applicant submits that applicant has been implicated on mere suspicion of having affair with the deceased; applicant is not involved in the commission of the crime; no recovery has been made form the applicant; applicant is a lady having a six month infant child; applicant having no other reported criminal antecedent is languishing in jail since 11.2.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Fareeda involved in Case Crime No. 30 of 2018, under Sections 364, 302, 201, 34, 404, 411 I.P.C., Police Station Amroha Dehat, District Amroha be released on bail on her furnishing a personal bond of Rs. One lac with two sureties (one should be of her family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her, in accordance with law.
Order Date :- 18.9.2018 S.Prakash