Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30210 of 2019 Applicant :- Smt. Shahana Begam And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.K. Singh, learned counsel for the applicants, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that the applicant no.1 is the mother of applicant nos.2 and 3. The applicant nos.1 and 2 are ladies. The present FIR has been lodged against the applicants just to malign their image in the society.
Learned A.G.A. opposed the prayer for bail and submitted that the applicant no.1 has criminal history of one case.
Taking into account the fact that the applicant no.1 Smt. Shahana Begam and applicant no.2 Smt. Imarana Khatoon are ladies, without expressing any opinion on the merits of the case, they are entitled to be released on bail in this case.
In view of the above, in the event of arrest of the applicant no.1 Smt. Shahana Begam and applicant no.2 Smt. Imarana Khatoon (who are ladies), involved in Case Crime No. 199 of 2019, u/s 8 of Cow Slaughter Act, P.S. Phaphund, district Auraiya, they shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing personal bonds of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant nos.1 and 2 shall make themselves available for interrogation by a police office as and when required;
(ii) the applicant nos.1 and 2 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 from disclosing such facts to the Court or to any police office;
(iii) the applicant nos.1 and 2 shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant nos.1 and 2.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant nos.1 and 2.
The applicant nos.1 and 2 are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
So far as applicant no.3 Shoiv is concerned, without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant no.3 Shoiv, involved in Case Crime No. 199 of 2019, u/s 8 of Cow Slaughter Act, P.S. Phaphund, district Auraiya.
Accordingly, the anticipatory bail application of applicant no.3 Shoiv, is rejected.
Order Date :- 31.7.2019 Gaurav