Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1646 of 2019 Applicant :- Kumari Saira Khatoon Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla,K.S. Ojha Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 3.9.2018 at 19:30 hour against unknown persons alleging that on 2.9.2018 at 23 hour Israfil went in Tempo No. UP 16 CT 3406. His dead body was recovered near boundary of green belt. Later on, one co-accused Mohd. Raheem was arrested by the police. He stated that with the help of applicant he killed the deceased and said auto was recovered at the pointing out of co-accused Mohd. Raheem.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 9.9.2018(more than five months) having no criminal history. He has been falsely implicated. There is no legal evidence except confessional statement of co-accused Mohd. Raheem before police personnels. He is not named in the FIR. The name of applicant was disclosed by Mohd. Raheem after thought. There is neither any eye-witness account nor any independent witness. There is no possibility to get this case decided in near future. In case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He submitted that he has received comment wherein reason behind the incident is that there was illicit relationship between the applicant and the deceased. However, he admitted that the applicant has no criminal history.
Learned counsel for the applicant submitted that there is nothing on record on this issued.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Kumari Saira Khatoon involved in Case Crime No.374 of 2018, under Section 302, 201, 34 IPC, Police Station Expressway, District Gautam Budh 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 :- 27.2.2019 P.P.