Abiva Bano @ Farzana v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43171 of 2023 Applicant :- Abiva Bano @ Farzana Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Abhinav Dwivedi, learned counsel for the applicant; learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 29 of 2023, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Thathiya, District Kannauj, during the pendency of trial.

¶3Learned counsel for the applicant contended that applicant is the lady. He further contends that on the basis of criminal history of two cases in which applicant is on bail, the proceedings of gangster act has been lodged against the applicant. She is in jail since 20.03.2023 except those two cases there is no any other criminal cases to the credit of the applicant. There is no likelihood of his abscondence or tampering with the evidence. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Adiva Bano @ Farzana, involved in the aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses;

(iv) will not leave the territory of District Kannauj without prior permission of the concerned court.

¶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 :- 17.11.2023 Vikram High Court of Judicature at Allahabad