Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40652 of 2019 Applicant :- Smt. Irfana And Another Opposite Party :- State Of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Submission is that the victim has not made any allegation against the applicant in her statement under Section 164 Cr.P.C. Main allegation has been made against Intezar, who is son of the applicant and brother of applicant no.2. The applicants have no criminal history and are in jail since 27.06.2019.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants, Smt. Irfana and Muntazir @ Macchar, involved in Case Crime No.134 of 2019, under Sections 368 IPC, Police Station Nagal, District- Saharanpur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 30.9.2019 SS