Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30396 of 2019 Applicant :- Huma Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ausaf Un Nabi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Syed Ausaf Un Nabi, learned counsel for the applicant and Sri Nishant Singh, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Huma with a prayer to enlarge her on bail in Case Crime No. 371 of 2019, under Sections 307, 323, 504 and 506 I.P.C., Police Station-Mandi, District-Saharanpur, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that as per the allegations made in the first information report lodged on 10th June, 2019 by Smt. Faraha Faiz three named accused persons including the present applicant, on 10th June, 2019, the informant went to the place of her mother to meet her, when she and her mother were sitting in a room having conversation, then the applicant came and started abusing and quarrelling with her and then she tried to strangulate her by a Duppata, thereafter two named co-accused, namely Jareen and Anjum also came there and they also pressed the said Duppata by which the applicant tried to strangulate her. On hearing her screaming, her gunners Manoj and Kuldev entered into the room, then the applicant started saying that she would complete the wish of Arshad Rahmani and Irshad Bhai by killing her. After intercepting between them, the aforesaid gunners saved her. It has further been argued by the learned counsel for the applicant that as per the medical examination report of the informant/injured, the injuries sustained by the injured are simple in nature and no injury has been found grievous and appears to have been self inflicted, therefore, no case under Section 307 I.P.C. is made out against the applicant. The applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is no public or independent witness from which it is established that the applicant is involved in commission of the alleged offence or such incident has taken place. The applicant has no criminal antecedents to her credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 10th June, 2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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 him 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 him, 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 him in accordance with law.
(Manju Rani Chauhan, J.) Order Date :- 30.7.2019 Sushil/-