Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 280 of 2019 Applicant :- Shakeela Alias Bhoori Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Vinay Saran
Hon'ble Aniruddha Singh,J.
This case is being taken up as per order of Hon'ble The Chief Justice vide order dated 7.1.2019.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 3.7.2017 against five accused persons, namely Jaid, Jahid, Mohd. Rashid, Abid and Sadab alleging that on 28.6.2017 at 12 p.m. Junaid (son of complainant) aged about 14 years was missing and on 1.7.2017 missing report was registered. On the basis of suspicion, F.I.R. was lodged against said accused persons alleging that they were doing conspiracy and killed Junaid. On the joint pointing out of co-accused Jaid and Sadab, the dead body of deceased (only bones) was recovered near a canal on 3.7.2017. During investigation, statements of co-accused Jaid and Sadab were recorded and they confessed that in conspiracy with all accused persons, they killed Junaid with knife on his stomach and dead body of the deceased was concealed near a canal.Name of applicant was surfaced later on, on the application of complainant dated 18.10.2017(after three and half months of the incident).
It is submitted by learned counsel for the applicant that the applicant is not named in the FIR. She is 70 years old lady. Name of applicant was surfaced after three and half months of incident. P.W.1 complainant has been examined in the trial Court but he did not support the prosecution case and turned hostile. The applicant is in jail since 25.8.2018(about five months) having no criminal history. She is innocent and has been falsely implicated in the present case. There is neither any independent witness nor any eye witness account against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no legal evidence against the applicant. There is no recovery from the possession of the applicant. In case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial. Co-accused Jahid has already been granted bail by this bench of this Court vide order dated 8.5.2018 passed in Criminal Misc. Bail Application No.17020 of 2018 (Bail order is annexed as annexure 6 to the bail application).
Learned counsel for the complainant opposed the prayer for bail and submitted that this case is heinous in nature.
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.
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 applicant Shakeela alias Bhoori involved in Case Crime No. 865 of 2017, under Sections 147, 148, 149, 364, 302, 201, 120-B IPC, Police Station Kotwali Nagar, District Bulandshahr 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 she is accused, or suspected, of the commission of which she 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 :- 21.1.2019 P.P.