Amna Begum v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45066 of 2023 Applicant :- Amna Begum Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Nasir Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and learned counsel for the informant.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 116 of 2023, under Sections 363, 366, 120-B I.P.C. and 3 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, Police Station Naraini, District Banda during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The victim in her statements under Sections 161 and 164 Cr.P.C. has not levelled any allegation against the applicant. The applicant has been implicated on the basis of confessional statements of co-accused Guddu, Sonu and Monu in the police custody. The said statements, insofar as they implicate the applicant, are unreliable. The applicant is a lady and is in jail since

07.06.2023 having no criminal history and if she is released on bail, she will not misuse the said liberty.

¶4Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report and the victim in her statements under Sections 161 and 164 Cr.P.C. has not levelled any allegation against the applicant. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost four and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Amna Begum, involved in the aforesaid case, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that she:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 27.10.2023 SKT/- High Court of Judicature at Allahabad