Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33963 of 2019 Applicant :- Smt. Raees Bano Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Chandra Srivastava,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 767 of 2017, under Sections 420, 467, 468 and 471 I.P.C., P.S. Chandpur, district-Bijnor, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is a lady and she is suffering from ovarian cyst. He next submitted that the dispute is of purely civil nature and has been illegally converted into criminal prosecution by the complainant. He next submitted that other co-accused Nawab, husband of the present accused has already been enlarged on bail by another Bench of this Court vide order dated 20.2.2018 passed in Criminal Misc. Bail Application No. 6376 of 2018 and an amount of Rs. 1,00,000/0 (Rs. one lac) has been deposited by him in the name of Civil Judge (J.D.), Bijnor. Further submission is that the present accused being wife of the other co-accused Nawab has been falsely implicated in the present case. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 17.7.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Smt. Raees Bano 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 in Case Crime No. 767 of 2017, under Sections 420, 467, 468 and 471 I.P.C., P.S. Chandpur, district-Bijnor subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 21.8.2019 Faridul