Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43424 of 2017 Applicant :- Noornesha Opposite Party :- State Of U.P. Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons including the applicant, who is mother-in-law of the deceased alleging that Ruksar daughter of the complainant was married on 20.12.2016 with Ajmat Husain. For demand of dowry, they killed her on 29.4.2017 after throwing petrol. She died after receiving burn injuries.
Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and is languishing in jail since 8.6.2017 (about two years) having no criminal history. Due to heavy work load in trail court, there is no possibility to get this case decided in near future. She had committed suicide herself. General role has been assigned against the applicant. There is no independent witness against the applicant. Co-accussed Sabrun Nisha and Ajad (Nand and Devar) have already been enlarged on bail by the trial court. 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 the applicant Noornesha involved in Case Crime No. 176 of 2017, under Section 498-A, 304-B, 504 IPC and Section 3/4 of D.P. Act, Police Station Sewarahi, District-Kushinagar 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 :- 30.5.2019 OP