Court No. - 50
Case :- CRIMINAL MISC. IInd BAIL APPLICATION No.
- 33644 of 2020 Applicant :- Smt Haneefa @ Hani Opposite Party :- State of U.P.
Counsel for Applicant :- Sheshadri Trivedi,Ajay Kumar Pandey,Satish Trivedi (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Sheshadri Trivedi, learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
This is second bail application. The first bail application was rejected by this Court on 22.07.2019.
As a measure of fresh grounds, it has been urged on behalf of the applicant that in this case, the first information report was lodged due to some misunderstanding between the parties. Now good sense has prevailed and the compromise has reached between the parties. Things settled between the parties are beyond the purview of Section 304B I.P.C. However, U-turn was taken by the prosecution witnesses for which the applicant cannot be blamed. The applicant is 60 years of age. All the seven family members are in jail, it would be expedient in the interest of justice that one among seven should also be let off so as to do Pairvi of the case. There is no direct specific allegations against the applicant.
It has been further urged that the application when filed on behalf of the applicant under Section 482 Cr.P.C., interim order was passed in favour of the applicant, however, before it would have been communicated, the arrest was effectuated by the police due to which the order passed under Section 482 Cr.P.C. lost its efficacy. The applicant does not bear any criminal history and is languishing in jail since 23.05.2019.
Learned A.G.A. has opposed prayer for bail, however, he has not disputed the contention made regarding the order passed by this Court under Section 482 Cr.P.C., copy whereof is annexed as annexure no.3 to the affidavit filed in support of this bail application.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, second bail application is allowed.
Let the applicant Smt Haneefa @ Hani involved in Case Crime No.860 of 2019, under Sections 498A, 304B, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Falawada, District Meerut 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 with the following conditions;
(I) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.7.2021 rkg