Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30003 of 2019 Applicant :- Sarwari Begum Opposite Party :- State Of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri D.N. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
Learned A.G.A. as well as learned counsel for the applicant submitted that bail application of co-accused is not pending.
According to prosecution case, F.I.R. was lodged against three accused persons, namely, Sarwari Begum, wife of deceased (Shamim Ahmad), Rasid Ahmad (father of Sarwari Begum) and Saddam Husain (brother-in-law of Sarwari) alleging that on 10.3.2019 they killed Shamim Ahamad. The applicant is a lady of bad character hence they killed the deceased by strangulation. According to postmortem report, hyoid bone was found fractured.
Learned counsel for the applicant submitted that co-accused Saddam Husain has already been enlarged on bail by co- ordinate Bench of this Court vide order dated 8.5.2019 in Criminal Misc. Bail Application No. 19448 of 2019 and the case of the applicant is identical to the case of co-accused, who has already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is a lady and wife of deceased and she has been falsely implicated and languishing in jail since 13.3.2019 (more than four months) having no criminal history. In one way she lost her husband and on other she is languishing in jail. There is no independent witness/eye witness account against the applicant and 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 and also admitted that the case of the present applicant is identical to the case of co-accused-Saddam Husain, who has already been enlarged on bail.
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 Sarwari Begum involved in Case Crime No.
35 of 2019, under Section 302 IPC, Police Station-Karma, District- Sonbhadra 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 :- 26.7.2019 OP