Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50195 of 2019 Applicant :- Nazia Ashkar Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Rai,Anjani Kumar Rai,Mangla Prasad Rai(Senior Adv.) Counsel for Opposite Party :- G.A.,Irshad Ahmad,Mohd Haris Khan
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A for the State as well as Sri Irshad Ahmad, learned counsel appearing for the informant and perused the record.
The present bail application has been filed by the applicant in case crime No.385 of 2019, under Sections 147, 148, 452, 323, 302, 325 I.P.C., Police Station Kotwali, District- Fatehpur with the prayer to enlarge her on bail.
For the purposes of evaluating the prayer for bail, the Court takes into consideration the fact that the FIR was lodged against as many as ten members of the family of the applicant. No specific role as such has been assigned to the applicant in respect of the injuries which were sustained by the deceased. The applicant is not shown to be the author of the injuries. Additionally the Court notes that in the dispute which ensued the applicant is stated to have sustained injuries and her medical examination was conducted at the District Hospital. The attention of the Court has also been invited to the order passed on Criminal Misc. Bail Application No.48174 of 2019 pursuant to which the co-accused also a lady, has been enlarged on bail by the Court. The Court further takes note that the investigation has concluded and a chargesheet submitted. It has next been submitted that in case the applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned AGA as well as learned counsel for the informant have opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Nazia Ashkar 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 additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
Order Date :- 25.11.2019 Vivek Kr.