Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46085 of 2021 Applicant :- Rubina Rukaiya Opposite Party :- State of U.P.
Counsel for Applicant :- Kamal Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.149 of 2021, under Section 3/5/7/25/25(1-A,A), 25(7), 25(8), 26(1)(1)/35 Arms Act, 1959 & Section 34, 120-B I.P.C., Police Station- Dakshin Tola, District- Mau.
Learned counsel for the applicant submitted that applicant is unmarried girl and has passed intermediate examination in the year 2021. She has no concern with the alleged crime. She is innocent and has been falsely implicated. She has not committed any offence. Nothing has been recovered from her personal search. The alleged recovery of one country made pistol of 315 bore and other equipment shown from her house is planted. There is no public witness of the alleged recovery. All the witnesses are police personnel and recovery is absolutely false. Applicant has no previous criminal history. Her house was raided by the police and she was arrested by the police on false allegations. The applicant who is in jail since 26.08.2021 undertakes that she will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. submitted the S.T.F. raided the house of Tanvir Alam and Tabrej Alam and huge quantity of illegal country made arms including 32 bore pistols and various equipment and machinery used for the purposes of manufacturing arms have been recovered from their house. The accused-applicant has been arrested on the spot, hence, the bail is opposed.
As per version of the F.I.R. on the information of informer S.T.F. raided the house of Tabrez Alam and arrested Tabrez Alam and five other members from his house and recovered 32 bore 9 mm country made pistols, some semi-manufactured arms, equipment and machinery for use of manufacturing of arms. Thereafter, S.T.F. raided the house of his brother Tanvir Alam and from where it arrested four persons including the accused-applicant and recovered one country made pistol of 315 bore and various equipment, machinery used for the purposes of manufacturing of arms.
The accused-applicant is the sister of Tanvir Alam and she was residing in her home at the time of raid.
Considering the rival submissions of the parties, nature of allegations as against the accused-applicant and her role and nature of recovery from the house of Tanvir Alam, the material on record and all the attending facts and circumstances of the case, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Rubina Rukaiya involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 21.12.2021 Krishna*