Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35213 of 2019 Applicant :- Shabana Bano Opposite Party :- State of U.P.
Counsel for Applicant :- Neelesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This instant bail application has been filed on behalf of the applicant Shabana Bano with a prayer to release her on bail in Case Crime no. 29 of 2019, under section 324, 304/34 IPC., Police Station Shahabganj, District Chandauli during pendency of the trial.
The submission of the learned counsel for the applicant is that FIR was lodged against unknown persons and the name of the applicant appeared in the statement of Aslam, who is alleged to be an eye witness of the incident. It is further submitted that if Aslam identified the accused persons, as to why he has not disclosed the name of the accused persons at the first instance when police reached at the spot, rather he has stated that some unknown persons have assaulted the deceased. It is further submitted that the main role of causing injuries to the deceased has been assigned to the other co-accused person. The applicant is 40% disabled and is languishing in jail since 06.04.2019. In case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail and submitted that the applicant was having love affair with the deceased and she has hatched a conspiracy to commit murder of the deceased. It is further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence and without expressing any opinion on the merits of the case, prima facie, in my opinion a case for grant of bail is made out.
Let the applicant Shabana Bano involved in Case Crime no. 29 of 2019, under section 324, 304/34 IPC., Police Station Shahabganj, District Chandauli be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 27.11.2019 Kirti