Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17535 of 2021 Applicant :- Nazma Khatoon Opposite Party :- State of U.P.
Counsel for Applicant :- Vimal Kumar Pandey Counsel for Opposite Party :- G.A.,Mohd. Shoeb Khan
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 as well as learned A.G.A for the State and perused the record.
By means of this application, the applicant who is involved in case crime no.493 of 2020, under Sections 147, 148, 323, 504, 506, 452, 308, 324 and 304 IPC, Police Station-Kotwali Padrauna, District-Kushi Nagar is seeking enlargement on bail during the trial.
Submission made by learned counsel for the applicant is that this is a cross-case with the omnibus allegation upon all the named accused persons of Case Crime No.493 of 2020. There are five named accused persons who are said to have jointly assaulted upon the deceased with lathi, danda and iron rod but the fact remains that in this transaction, the applicant too has sustained serious injuries over her person and she was advised for X-ray of her chest. In the radiological report, fifth rib was found fractured. Since, both the sides have sustained injuries and it is difficult to decipher as to who is the aggressor over whom. The applicant is languishing in jail since 19.12.2020.
Learned counsel for the opposite party no.2 has vehemently opposed the bail by mentioning therein that the applicants are aggressor as they want the forced possession over the property in question but I am afraid to accept the contention of learned counsel for the opposite party no.2 in as much as the Court is not going to decide the title issue over the property in the bail proceeding. There is no plausible justification coming forward explaining the injuries of applicants, whose fifth rib was found fractured.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HER COUNSEL. IN CASE OF HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HER UNDER SECTION 229-A IPC.
(iii) 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., MAY BE ISSUED AND IF 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 IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Since the bail application has been decided under extra-ordinary circumstances, thus in the interest of justice following additional conditions are being imposed just to facilitate the that these additional conditions are imposed to cope with emergent condition-:
1. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
2. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
3. The computer generated copy of such order shall be self attested by the counsel of the party concerned.
4. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 31.5.2021 Sumit S