High Court
Case Details
Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 909 of 2023 Applicant :- Seema Opposite Party :- State of U.P. Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham,Syed Riyaz Askari Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J. Heard Sri Syed Faiz Hasnain, learned counsel for the applicant, learned A.G.A. for the State and perused the entire record. The instant application for bail has been moved on behalf of the applicant, Seema with the prayer to enlarge her on bail in F.I.R./Case Crime No.169 of 2022, under Sections 302, 201, 34 I.P.C., Police Station Bhojpur, District, Moradabad during pendency of the trial. Learned counsel for the applicant has submitted that the innocent applicant has been falsely implicated in this case. His further submission is that initially there was no allegation, whatsoever
Legal Reasoning
against the present applicant in first information report lodged on 28.05.2022 at 14:15 Hours by the first informant, Radheshyam, who is the real brother of the deceased. His further submission is that in the first information report only one accused Rinku was named. However, during the investigation, the name of other two co-accused persons namely Shabban @ Manoj, Chuski @ Bintu and present applicant came to fore. His next submission is that it is alleged that co-accused Chuski @ Bintu had illicit relation with the present applicant which is absolutely baseless and there is nothing on record to substantiate the aforesaid fact. He has also submitted that the other two co- accused persons, Shabban @ Manoj, Chuski @ Bintuagainst, against whom the charge sheet came to be submitted along with present applicant, and the co-accused Rinku, who was named in the first information report have already been granted bail by co-ordinate Bench of this Court vide orders dated 16.11.2022, 21.11.2022 & 16.11.2022 passed in Criminal Misc. Bail Application Nos.43116 of 2022, 43002 of 2022 and 43166 of 2022, respectively Learned counsel for the applicant has also submitted that the accused/applicant is languishing in jail since 15.06.2022, who has no previous criminal history. His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. Per contra, learned A.G.A. for the State has
Legal Reasoning
vehemently opposed the prayer for grant of bail by submitting that though, the present applicant was initially not named in the first information report, however, the killing of deceased took place because of her illicit relation with co-accused @ Chuski. However, he has been unable to dispute the fact the other two co-accused persons, Shabban @ Manoj, Chuski @ Bintuagainst, against whom the charge sheet came to be submitted along with present applicant, and the co-accused Rinku, who was named in the first information report have already been granted bail by co- ordinate Bench of this Court vide orders dated 16.11.2022, 21.11.2022 & 16.11.2022 passed in Criminal Misc. Bail Application Nos.43116 of 2022, 43002 of 2022 and 43166 of 2022, respectively. Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that in the initial first information report only one co-accused Rinku was named. However, during the investigation, the name of other two co-accused persons namely Shabban @ Manoj, Chuski @ Bintu and present applicant came to fore. The other two co-accused persons, Shabban @ Manoj, Chuski @ Bintuagainst, against whom the charge sheet came to be submitted along with present applicant, and the co-accused Rinku, who was named in the first information report have already been granted bail by co-ordinate Bench of this Court vide orders dated 16.11.2022, 21.11.2022 & 16.11.2022 passed in Criminal Misc. Bail Application Nos.43116 of 2022, 43002 of 2022 and 43166 of 2022, respectively. The case of the prosecution rests on the circumstantial evidence. The present applicant is languishing in jail since 15.06.2022, who has no previous criminal history. Thus, having regard to the overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed. Let the applicant, Seema be released on bail in the aforesaid case on her furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial; 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment; 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail; 4. 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 him from disclosing such facts to the Court or to any police ofÏcer; 5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court; 6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant bail application. Order Date :- 13.1.2023 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad