Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that applicant is real mother of the deceased. There was no dispute in between the applicant and deceased. The applicant had not got murdered his real son by other co-accused. The F.I.R. of the alleged incident was lodged by the son of applicant namely Maqbool Khan against unknown person. During investigation the applicant and her son Maqbool Khan has also falsely been implicated in the present case. There is no cogent evidence against the applicant. This is a case of circumstantial evidence. Nothing incriminating has been recovered from the possession of the applicant or on her pointing out. The applicant has falsely been implicated in the present case only on the basis of suspicion. The applicant is a lady. There is no criminal history of the applicant and she is in jail since 13.12.2015.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Shayara Begum involved in Case Crime No.1669 of 2015, Under Sections 302, 201, 34 I.P.C., Police Station Kotwali Nanpara, District Bahraich, 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 with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 1.3.2016 Jitendra