HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- BAIL No. – 10453 of 2019
Applicant :- Shabana
Opposite Party :- State of U.P.
Counsel for Applicant :- Randhir Singh,Sandeep Kumar Trivedi
Counsel for Opposite Party :- G.A.
Hon’ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.184 of 2014, under Sections 147, Section148, Section149, Section452, Section323, Section325, Section354, Section427, Section504, Section506 I.P.C., Police Station Antu, District Pratagarh, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and in jail since 22.10.2019. It is further submitted on behalf of applicant that it is admitted case of the prosecution that there is a property dispute between the family of the applicant and the informant. He further submitted that the applicant is a lady and no specific allegations have been made against her and merely on the basis of general allegations against the applicant and seven other accused persons who belongs to the family of the applicant, the F.I.R. as Case Crime No. 184 of 2014, under Sections 147, Section148, Section149, Section323, Section504, Section506, Section354, Section452, Section427 I.P.C., P.S. Antu, District Pratapgarh was lodged on 30.07.2014.
Learned counsel for the applicant further submitted that after investigation, the offence under Section 325 was also added and he further submitted that the applicant is a lady and no offence under Section 354 I.P.C. is made out as all the allegations levelled against the applicant are general in nature. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that all the accused persons including the applicant assaulted the informant side, as a result, number of persons received injuries, but he conceded the fact that the applicant is a lady and only general allegations have been levelled against her alongwith other co-accused persons.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicantShabana be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 5.11.2019