Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44584 of 2021 Applicant :- Smt. Habiban Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has not committed the present offence. It is further argued that no prima facie case is made out against the present applicant. She is mother-in-law of the deceased and has not committed the present offence. She was implicated in this matter on the basis of general allegation. Referring to the post mortem report it was further argued that only one entry and exit wound was found over the body of the deceased. Recovery of fire arm weapon is made on the pointing out of the husband of the deceased and FIR has been lodged against him under Arms Act. It is next contended that at no point of time applicant has made any demand of dowry or caused harassment or cruelty. It is also argued that she was implicated in the matter being family member of the husband of the deceased. Co-accused Iliyas and Aas Mohammad have been enlarged on bail by co-ordinate Bench of this Court vide order dated 16.12.2021 and 01.07.2021 vide Criminal Misc. Bail Application No. 37880 of 2021 and 13410 of 2021 respectively. He further submits that the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. She is languishing in jail since 07.09.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of accused, submissions of learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and 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 the applicant Smt. Habiban involved in Case Crime No. 546 of 2020, under Section 498-A, 323, 304-B, 302 IPC and Section 3/4 D. P. Act, P.S. Dadri, District Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy 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 he is accused, or suspected, of the commission of which he 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.12.2021 Sachdeva