Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7996 of 2019 Applicant :- Imrana Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri R.C. Kushwaha, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri R.C. Kushwaha, learned counsel for the complainant, Ms. Reema Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged by co- accused- Manawwar Husain against unknown person alleging that the dead body of Jahida was found in the house of under- construction of Naseem. Subsequently, it was found that there was illicit relation between applicant and Manawwar Husain, hence Jahida was restraining due to which they killed her.
Learned counsel for the applicant submitted that co-accused Manawwar Husain has been enlarged on bail by co-ordinate Bench of this Court vide order 4.1.2019 in Criminal Misc. Bail Application No. 210 of 2019 and the case of the applicant is not heinous than the case of co-accused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is a lady and is languishing in jail since 24.11.2018 (more than three months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. There is no recovery on the pointing out of the applicant. There is no legal evidence against the applicant except confessional statement of co-accused before the Police personnel. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that the case of the present applicant is identical to the case of co- accused Manawwar Husain, who has been enlarged on bail Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Imrana involved in Case Crime No. 729 of 2018, under Section 302, 201 IPC, Police Station-Nai Mandi, District- Muzaffar Nagar be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 25.2.2019 OP