Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7936 of 2019 Applicant :- Noor Jahan Opposite Party :- State Of U.P.
Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely Asiullah, Ataullah, Jakaullah, Safaullah @ Majanu, Noorjaha and brother of Noorjaha alleging that on 24.4.2018 they assaulted Lukman, Musarraf Fatima, Yunus and Jainul Abdin with lathi-danda, tangi, panch and bhala. Yunus received three injuries, resultantly died. All injured have also received injuries.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to F.I.R., main role of causing injuries to deceased was assigned to co-accused Jakaullah and Safaullah @ Majanu. Offence under Section 302 IPC was not made out against the applicant. There is cross version. It was a case of sudden fight and incident has taken place in spur of moment, applicant's side Safaullah, Asiullah have also received injuries. At this stage, it is not possible to decide who is the aggressor. There is no independent witness against the applicant. He is languishing in jail since 8.12.2018 (about three months) 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.
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 Noor Jahan involved in Case Crime No. 247 of 2018, under Sections 147, 148, 149, 302, 308, 504, 506 IPC, Police Station Gauri Bazar, District Deoria 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 he is accused, or suspected, of the commission of which he 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 him 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 :- 25.2.2019 OP