Nafeesa Bano v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13203 of 2023 Applicant :- Nafeesa Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rohit Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Rohit Upadhyay, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

¶2This bail application has been filed seeking release of accused/applicant Nafeesa Bano on bail, in Case Crime No. 477 of 2017, under Sections 120-B, 302, 498-A I.P.C, Police Station Raunahi, District Ayodhya.

¶3Learned counsel for the applicant submitted the co-accused Sahbaal Khan, the husband of the deceased and co-accused Aaisha Bano and Roshni alias Jainab Begum, the sister-in-laws of the deceased have already been granted bail in Bail No. 821 of 2018 vide order dated

05.09.2018 and Criminal Misc. Bail Application No. 3196 of 2023 vide order dated 02.03.2023 respectively.

¶4Learned counsel for the applicant submitted that the applicant is the mother-in-law of the deceased, who has been falsely implicated in the present case. The case of the applicant is at par with the case of the co-accused and is covered with the factum of parity, as such the applicant is also entitled to be enlarged on bail. He further submitted that the applicant has no criminal history and is languishing in jail since 23.10.2023.

¶5Learned A.G.A. has opposed the prayer for grant of bail, but could not dispute that the co-accused (husband and sister-in-laws of the deceased) have already been granted bail.

¶6Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, looking into the fact that case of the applicant is at par with the case of the co-accused and the co-accused namely Sahbaal Khan, Aaisha Bano and Roshni alias Jainab Begum have already been granted bail, I find it to be a fit case for grant of bail.

¶7Accordingly, the bail application is allowed.

¶8Let the applicant Nafeesa Bano 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 her 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 if 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 :- 7.11.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench