Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19313 of 2019 Applicant :- Smt. Sonia Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Misra,Sri Viresh Misra,Senior Adv.
Counsel for Opposite Party :- G.A.,I.M. Khan
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged by Smt. Aysha on 31.10.2018 at 10.45 hours against 11 named persons including the applicant and one unknown. In first information report it has been mentioned that the applicant and co-accused Akbar called the deceased Imran by mobile phone and due to old enmity the applicant and other co-accused have committed the murder of the deceased. Learned counsel for the applicant submits that in the statement of Shofiyan, Irfan, Smt. Zubaidam and Nasim it has come that co-accused Akbar@ Bhollar, Amar, Gullu @ Gulzar, Umar and Obaid have fired upon the deceased due to which he sustained gun shot injury and died. It has further been submitted that the applicant is a lady. The deceased and his other co-accused have committed the murder of the husband of the applicant in the month of April, 2018 in which the applicant was witness due to which she has falsely been implicated in the present case. It has further been submitted that the applicant has not made any telephonic call and has not caused any injury to the deceased. The role of causing injury to the deceased has been assigned to co-accused Akbar@ Bhollar, Amar, Gullu @ Gulzar, Umar and Obaid with the firearm. Nothing incriminating article has been recovered from the possession of the applicant or on her pointing out. There is no criminal history of the applicant and is in jail since 16.1.2019.
Per contra, learned counsel for the complainant as well as learned A.G.A opposed the prayer for bail and argued that the applicant is named in the FIR.The applicant and co-accused Akbar called the deceased on the pretext to settle the dispute at his semi constructed house where the applicant and other co- accused have committed the murder of the deceased, therefore the applicant is not entitled for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Smt. Sonia involved in Case Crime No. 1196 of 2018, under Sections 147, 148, 149, 302, 120-B IPC, P.S.
Sardhana, District Meerut 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 evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate 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 :- 29.5.2019 A.