Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29779 of 2019 Applicant :- Hammo @ Taushiq Begam Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinit Mishra,Meena Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant, who is a wife of the deceased (Ishtique) is innocent and has been falsely implicated in this case due to previous enmity. He further submits that there is no eye-witness account, who saw the occurrence to cause fatal blow on the head of the deceased with the bat. He further added that deceased- Ishtiyaq- was the habitual drinker due to which he met with some accident. While she (applicant) got information, she immediately rushed to the spot with her son Imran and got admitted him (deceased) in the hospital and during treatment, he expired. In the meanwhile, informant, who had no locus, as he is neither aggrieved person nor eye-witness in the present case, lodged hypothetical F.I.R. against the applicant only on the basis of conjecture and surmises. Nothing incriminating has been recovered from the possession of the applicant. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 26.04.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Hammo @ Taushiq Begam- involved in case crime no.107 of 2019, under Sections 323, 304 IPC, Police Station- Ghoorpur, district- Allahabad, S.T. No.321 of 2019 (State vs. Hammo @ Taushiq Begam) be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.7.2019 Raj