Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27533 of 2017 Applicant :- Shabbo @ Shabana Opposite Party :- State Of U.P. Counsel for Applicant :- Imran Ullah Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Imran Ullah, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused- applicant for enlarging her on bail in Case Crime No.688 of 2016 under Sections 302 IPC, Police Station-Delhi Gate, District-Aligarh.
3. Learned counsel for applicant contended that applicant is innocent and she has been falsely implicated due to suspicion and enmity. Applicant is not named in FIR. There is no eye witness of the incident. There is no recovery from the possession of applicant or on her pointing. Applicant was married to deceased 10 years prior to incident and she was having cordial relationship with her husband. Applicant has no criminal history. Applicant is in jail since 03.01.2017. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. She undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, she is enlarged on bail, she will not misuse liberty of bail.
4. Learned A.G.A. has vehemently opposed the bail application.
5. Records shows that applicant is wife of deceased, who was found dead in his house due to cut on his neck and at that time applicant was also present in the house. Information of incident was given by one Shakeel, brother of deceased. Thereafter, FIR was lodged by one Babar Iliyas. Applicant, who is wife of deceased, did not give information about death of her husband. FIR version has been supported by statements of Informant, Babar Iliyas and other witnesses.
6. Looking into entire facts and circumstances as well as gravity of offence, I do not find it a fit case for grant of bail.
7. Application is, accordingly, dismissed.
Order Date :- 30.7.2019 Manish Himwan