Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31805 of 2018 Applicant :- Km. Farhana Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheeba Rizvi,Imran Ali Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Km. Farhana with a prayer to release her on bail in Case Crime No. 498 C of 2017, under Sections 420, 467, 468, 471 IPC, Police Station Azimnagar, District- Rampur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The argument is that applicant has lodged the First Information Report under sections 376 and 506 I.P.C. against Waris Kamal Pasa, who is maternal uncle of the informant, Mauzam. The informant has also a teacher in Madarsa where applicant is teaching. The First Information Report is stated to be counterblast proceedings The applicant is languishing in jail since 17.7.2018, who is not a previous convict. In case, the applicant is released on bail, she will not misuse the liberty of bail.
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, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties 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, let the applicant Km. Farhana involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2018 Atul kr. sri.