Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3947 of 2019 Applicant :- Smt Rashida Opposite Party :- State Of U.P.
Counsel for Applicant :- Fakharul Islam Jafri,Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Smt Rashida in Case Crime No. 661 of 2018, under Sections 498-A, 323, 307 I.P.C. and Section 3/4 of D.P. Act, Police Station- Rampur Maniharan, District- Saharanpur with the prayer to enlarge her on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is a lady and mother-in-law of injured Smt. Shabnam. It is argued that the applicant's son got married to the injured about 8-9 years back and according to the statement of the victim recorded under Section 161 Cr.P.C., her husband had illicit relations with one Jahida which was objected by the victim. On the fateful day, on the exhortation of the applicant, co-accused Ajmal burnt her by match. It is argued that the case of the applicant is distinguishable from that of co-accused Ajmal. The victim has reiterated the same version in her statement recorded under Section 164 Cr.P.C. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 4.1.2019, having no criminal history to her credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and the role attributed to the applicant, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Smt Rashida be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
It is made clear that the case of the applicant is distinguishable from that of the husband of the injured namely Ajmal.
Order Date :- 29.1.2019 Vikas