Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14790 of 2019 Applicant :- Nabi Mohammad @ Nabiya Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Shankar Mishra,Javed Khan Counsel for Opposite Party :- G.A.,Amit Saxena
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that deceased is the wife of the applicant and submitted that the victim committed suicide as per post mortem report cause of death asphyxia due to ante mortem hanging, she was suffering from cancer and her treatment continuously run in Lok Nayak Hospital, Delhi due to ailment, she was in depression and on account of this, she commit suicide. It is also submitted that marriage of the deceased solemnized with the applicant 14 years ago and out of their wedlock, four children were born. It is also submitted that the co- accused Samim Begum @ Mirjan @ Khusnuma has already been granted bail by the another Bench of this Court vide order dated 18.1.2019 passed in Crl. Misc. Bail Application No. 49878 of 2018. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 30.8.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, namely, Nabi Mohammad @ Nabiya involved in Case Crime No. 140 of 2018, under Sections 147, 302 IPC, Police Station B.B. Nagar, District Bulandshahar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.11.2019 Ankita