Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34400 of 2019 Applicant :- Smt. Nazma Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Parcha filed by Sri Apul Misra, Advocate on behalf of the applicant is taken on record.
Heard Sri Amit Daga and Sri Apul Misra, learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Applicant happens to be the wife of co-accused- Khilafat and she has not committed any offence. The allegations made in the F.I.R. are on the face appears to be dramatic and outcome of imagination as it has been alleged that still born child was born to the wife of the informant, for which the applicant is responsible. The entirety of the facts and the Medical Board opinion in that regard do not support the claim of the informant. Similarly, circumstanced, another co-accused- Khilafat, the husband of the applicant has already been admitted to bail on 19.8.2019 in Criminal Miscellaneous Bail Application No.32689 of 2019 (Khilafat vs. State of U.P.), copy whereof has been produced by the applicant, the same is taken on record. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 17.05.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Smt. Nazma involved in Case Crime No. 148 of 2019, under Sections - 419, 420, 304 I.P.C. and Section - 15(2), 15(3) Indian Medical Council Act, Police Station - Adampur, District - Amroha be released on bail on her executing a personal bond and furnishing 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 offence similar to the offence of which she is accused.
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 her 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 :- 26.8.2019 S Rawat