Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20293 of 2018 Applicant :- Smt. Nagma @ Navvo And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against ten accused persons including the applicants alleging that on 22.10.2017 they assaulted Anees by sharp edged weapon i.e. sward and knife, he received nine lacerated wound and one abrasion, resultantly died.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case; there is no independent witness against the applicants; general role has been assigned against the applicants; the applicants are ladies; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are languishing in jail since 23.10.2017 (more than seven months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against the applicants.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Smt. Nagma @ Navvo and Smt. Naseem involved in the Case Crime No. 692 of 2017, under Sections 147, 148, 149, 307, 302 & 34 I.P.C., P.S. Kotwali Sasani, District Hathras be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants 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 :- 29.5.2018 OP