Khalikunnisha v. State of U.P. Thru. Prin.Secy. Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13498 of 2023 Applicant :- Khalikunnisha Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Ankur Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ankur Pandey, the learned counsel for the applicant as well as Sri Sanjay Maurya, the learned Additional Government Advocate appearing on behalf of the State and Sri Santosh Kumar Dubey, the learned counsel for the informant and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 244 of 2022, under Sections 419, 420, 467, 468, 471, 506, 120-B IPC, Police Station Tarabganj, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.07.2022 against the applicant and her husband, alleging that accused persons had taken Rs. 1 lakh from the informant for transferring plot of land to her but they did not fulfill their promise.

¶4In the affidavit filed in support of the application it has been contended that the applicant is innocent, she has falsely been implicated in the present case and that she has no criminal history.

¶5The applicant's husband co-accused Mushtaq Ahmad has been granted bail in the present case by means of an order dated

17.07.2023 passed by Sessions Judge, Gonda.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a woman having no criminal history and she is languishing in jail since 09.010.2023 and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant during pendency of the trial.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Khalikunnisha before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 9.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench