Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30531 of 2021 Applicant :- Hina Opposite Party :- State Of U.P Counsel for Applicant :- Mohd. Samiuzzaman Khan,Saddam Husain
Hon'ble Om Prakash-VII,J.
Heard Shri Mohd. Samiuzzaman Khan, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. It is further submitted that none has seen the present incident. If entire prosecution case is taken into consideration then also applicant and other co-accused were only seen coming out from the house of the deceased but what actual role have been played by each and every accused have not been made clear by the prosecution. F.I.R. was lodged after a considerable delay. No plausible explanation has been given. This fact itself shows that F.I.R. was lodged on the basis of false facts. It is further submitted that identically placed co-accused Krishn @ Krishna and Ramesh @ Rmesh Nishad have been granted bail by another Bench of this Court vide order dated 14.09.2021 passed in Criminal Misc. Bail Application Nos. 30530 of 2021 & 30526 of 2021. He further submits that since 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. She has no previous criminal history. She is languishing in jail since 28.02.2021.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused having identical role have 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 who is an woman has made out a case for bail. The bail application is allowed.
Let the applicant Hina involved in Case Crime No. 51 of 2021, under Sections 302, 120-B IPC, P.S. Pipraich, District - Gorakhpur 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 she is accused, or suspected, of the commission of which she 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 her 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.09.23 14:51:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad