Allahabad High Court
Smt. Barkatun Nisha vs State Of U.P. on 23 April, 2018
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14764 of 2018
Applicant :- Smt. Barkatun Nisha
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kiran Kumar Arora
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, dead body of Sharif Ahmad, husband of this applicant Smt. Barkatun Nisha was found on 31.12.2002. Subsequently, an application was moved by this applicant under Section 156(3) Cr.P.C. against Rasool, Shehjade and Ahmadun(step sister of deceased). Howeer, no action was taken. After investigation charge sheet was submitted against this accused. Hence she filed application under Section 482 Cr.P.C. No. 5767 of 2004 wherein vide order dated 8.7.2004 proceedings of this case was stayed by coordinate Bench of this Court. Subsequently, during stay order she surrendered before the Court and her bail application was rejected.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 6.12.2017(more than four months) having no criminal history; she has been falsely implicated in the present case in order to grab her property; there is no cogent evidence against this accused and there is no independent witness; in case applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Smt.Barkatun Nisha involved in Case Crime No.205 of 2002, under Section 302, 201 IPC, Police Station Thariyaon, District Fatehpur 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 he 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 him 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 :- 23.4.2018
P.P.
