Samreen vs State Of U.P.
2019 Latest Caselaw 366 ALL

Citation : 2019 Latest Caselaw 366 ALL
Judgement Date : 1 March, 2019

Allahabad High Court

Samreen vs State Of U.P. on 1 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9103 of 2019
 

 
Applicant :- Samreen
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sikandar Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. In fact, the deceased had entered into the house of applicant with intention to theft and finding the applicant alone the deceased tried to molest her, thereafter on the alarm raised by the applicant other family members and other persons of the village apprehended the deceased and thereafter the deceased was badly beaten by them. The applicant has not committed any marpit with the deceased. False allegation has been made against the applicant. The co-accused Aslam and Amir having identical role have already been released on bail by another bench of this court vide orders dated 29.6.2018 and 13.8.2018 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 28.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Aslam and Amir having identical role have already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Samreen involved in Case Crime No. 54 of 2018, under section 323, 304, 120B IPC, P.S. Aurangabad, District Bulandshahr be released on bail on her furnishing a personal bond with 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. She shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. She shall 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 :- 1.3.2019

Masarrat