Firdous Ziya vs State Of U.P.
2023 Latest Caselaw 24720 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:177545
 
Court No. - 72
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10256 of 2023
 

 
Applicant :- Firdous Ziya
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Istyak Khan
 
Counsel for Opposite Party :- G.A.,Khursheed Ahmad,Saddam Husain
 

 
Hon'ble Krishan Pahal,J.

1. List has been revised.

2. No one is present on behalf of the applicant to press the present anticipatory bail application. Learned A.G.A. is present.

3. The lawyers are abstaining from work today. This Court has itself perused the material available on record.

4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 302 of 2023, registered under Sections 419, 420, 506, 467, 468, 471, 120-B I.P.C. at Police Station- Phoolpur, District- Azamgarh with a prayer to enlarge her on anticipatory bail.

5. As per prosecution story, the applicant in collusion with her other family members is stated to have forged the documents and got the second marriage of the husband of the informant executed with her younger sister Shajra Ziya and even filed a petition before this Court and got the protection in it.

6. A bare perusal of the FIR and documents indicates that there is no direct role of the applicant. The applicant being a lady is entitled for anticipatory protection as she has not executed any documents whatsoever.

7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but has not disputed the fact that there is no criminal history of the applicant and there is no overt act assigned to the applicant.

8. On due consideration to the arguments advanced by learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Firdous Ziya be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i). that the applicant shall make herself available for interrogation by a police officer as and when required;

(ii). that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). that the applicant shall not leave India without the previous permission of the court;

(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

Order Date :- 13.9.2023

Vikas

[Krishan Pahal, J.]