Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52403 of 2019 Applicant :- Shamima Opposite Party :- State of U.P.
Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri V.P. Mishra, learned counsel for the applicant as well as Sri Nagendra Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Shamima with a prayer to release her on bail in Case Crime No. - 0699 of 2019, under Section - 328 I.P.C., Police Station - Katghar, District - Moradabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of administering poison, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 12.09.2019, the applicant is in confinement since 24.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending against the applicant yet, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period
(vi) on prima facie basis only, it has been submitted that the allegation on the applicant of administering poison is wholly false, inasmuch as, the medical report is clear. It has not been established, during the investigation as to when and in what manner the applicant had administered poison to the victim, who his her husband;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 Saif