Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36326 of 2018 Applicant :- Smt. Shaqeela Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against four accused persons namely Kasim (husband), Shaqeela (mother-in-law), Najim (brother-in-law) Mukeem (father-in-law) alleging that the marriage of victim was solemnized with Kasim, they demanded dowry from the victim for which the victim was being tortured and beaten by them and on 6th, July Nazim entered into her room and assaulted her with intent to outrage her modesty.
It is submitted by learned counsel for the applicant that applicant is the mother-in-law. Co-accused namely Mukeem has already been granted bail by co-ordinate Bench of this Court vide order dated 21.8.2018 in Criminal Misc. Bail Application No. 20614 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present matter. She is languishing in jail since 13.7.2018 (near about two and half months) having no previous criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
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 the applicant Smt. Shaqeela involved in Case Crime No. 57 of 2017, under Sections 498-A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Aligarh 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 her 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 :- 25.9.2018 A. Singh