Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15490 of 2018 Applicant :- Km. Abida Khatoon Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.82 of 2017, under Sections 498-A, 304-B, 316 IPC and 3/4 of Dowry Prohibition Act, Police Station Dhanghata, District Sant Kabir Nagar, with the prayer to release her on bail.
It has been argued by learned counsel for the applicant that the applicant is unmarried sister-in-law of the deceased. It has been argued by learned counsel for the applicant that the co-accused Smt. Soghra Nisha alias Subutunnisha mother-in-law and Aas Mohammad father-in-law of the deceased have been enlarged on bail by coordinate Bench of this Court vide order dated 3.10.2017 passed in Criminal Misc. Bail Application No.34226 of 2017. It is submitted that the applicant being a lady is languishing in jail since 6.12.2017 deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out any distinguishable feature from that of the co-accused who have been granted bail.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Km. Abida Khatoon, be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.4.2018 Hasnain