Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32105 of 2018 Applicant :- Sabbo Khatoon And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shesh Narain Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shesh Narain Mishra, learned counsel for the applicants and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicants in support of his prayer for bail submit that the applicants are innocent and they have been falsely implicated in the present case due to village party bandi. It is further submitted that neither the applicants have committed marpit with the injured nor they were involved in any manner in the present case. The said fact has been mentioned in para 19 to the affidavit filed in support of bail application. It is also submitted that the injuries received on the body of the injured were simple in nature. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are ladies and languishing in jail since 29.06.2018. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Sabbo Khatoon and Samiunnisha @ Nasimunnisha involved in Case Crime No. 151 of 2018, under Sections 323, 308, 313, 316 I.P.C., Police Station Rudhauli, District Basti be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 Arti