Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30134 of 2019 Applicant :- Nisha Opposite Party :- State Of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant is lady. Co-accused namely Aamir and Imran have already been granted bail by co-ordinate Bench of this Court vide order dated 17.4.2019 in Criminal Misc. Bail Application No. 8218 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged after 15 days of incident after thought and due legal consultation without explaining delay. There is no independent witness and no legal evidence against the applicant. There is no possibility to get this case decided in short period in future. Offences levelled against the applicant are not attracted in the present case. She is languishing in jail since 10.11.2017 (more than one year and eight month) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Aamir and Imran who has been enlarged on bail.
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 applicant Nisha involved in S.T. No. 218 of 2018 arising out of Case Crime No. 237 of 2017, under Sections 302, 328 IPC, Police Station Barla, District Aligarh be released on bail on furnishing a personal bond and 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 an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
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 :- 30.7.2019 A. Singh