Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33761 of 2018 Applicant :- Shayada Bibi Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Chaturvedi,Vidya Kant Mishra,Vinay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that initially no one was named in the FIR. Subsequently number of persons have been arrested and three of such co-accused Akbar, Amazad @ Azmeri and Dhaneshwar Kuswaha have been enlarged on bail by this Court vide orders dated 29.8.2018, 16.8.2018 and 21.8.2018 in Criminal Misc. Bail Application Nos.32875 of 2018, 30758 of 2018 & 31729 of 2018. The applicant is stated to be wife of one such co- accused Hamid. It has been found in the investigation by the Investigating Officer that Hamid purchased oxygen cylinder for the purpose of cutting the lockers of the bank. The argument is that the applicant is the wife of Hamid and as per Section 216A, IPC only exception to the provision does not extends to the case in which the harbour of robber or dacoit is by the husband or wife of the offender. The submission is that the applicant being wife of the alleged offender cannot be implicated and she has a daughter of eight months along with her in jail. The applicant is in jail since 29.5.2018. Even otherwise the applicant is entitled to benefit of Section 437(1), Cr.P.C.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shayada Bibi involved in Case Crime No.206 of 2018, under Sections 457, 380, 411, 414, I.P.C, Police Station Civil Lines, District Allahabad be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 5.9.2018 T. Sinha