Nigar Fatima v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12407 of 2023 Applicant :- Nigar Fatima Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Rajesh Kumar,Suhail Kashif Counsel for Opposite Party :- G,A Hon'ble Brij Raj Singh,J.

¶1Supplementary afÏdavit filed by the applicant is taken on record.

¶2Heard Shri Rajesh Kumar, learned counsel for the applicant, Shri Nagarjun Pandey, learned brief holder appearing for the State and perused the record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.1237 of 2022, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Barabanki.

¶4It is contended by learned counsel for the applicant that the applicant has been implicated in Gangster Act on the basis of single case and in the said case, the applicant is on bail. The bail order has been annexed as Annexure 3 to the afÏdavit filed in support of bail application. The applicant has no other criminal history. Learned counsel contended that the other co-accused namely Maulana Azam Hashmati and Aslam @ Dildar having identical role have been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application 6528 of 2023. The bail order is annexed as Annexure SA-2 to the supplementary afÏdavit filed today.

¶5Lastly, it is contended that the applicant is a lady and further requested for the benefit of Section 437 Cr.P.C. The applicant shall not abscond and will fully cooperate in the proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner. The applicant is in jail since 24.09.2023.

¶6On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the fact that only one case has been registered against the applicant and no other criminal case is pending against him and also the other co-accused have been granted bail.

¶7Considering the submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart, argument that other co-accused namely Maulana Azam Hashmati and Aslam @ Dildar having identical role have been granted bail by coordinate Bench of this Court; further the applicant has no other criminal history, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with, the applicant is not guilty of such offence, therefore, she is entitled to be released on bail.

¶8Let the applicant, Nigar Fatima, be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case,

(ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 18.10.2023 Pks High Court of Judicature at Allahabad, Lucknow Bench