Sadiya Ansari v. State of U.P

Reserved On:- 27.10.2023 Delivered On:-31.10.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35065 of 2023 Applicant :- Sadiya Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Patel,Mohd Shamim Khan Counsel for Opposite Party :- G.A.,Mohd. Shoeb Khan Hon'ble Siddharth,J.

¶1Heard Sri Mohd. Shamim Khan, learned counsel for the applicant; Sri Mohd. Shoeb Khan, learned counsel for informant and the learned A.G.A. for the State.

¶2The instant bail application has been filed on behalf of the applicant, Sadiya Ansari, with a prayer to release him on bail in Case Crime No. 333/2023, under Sections-147, 302, 120-B, 506, 34 I.P.C., Police Station – Gorakhnath, District -Gorakhpur.

¶3There is allegation in FIR that deceased brother of the informant had love affair with applicant, Sadiya Ansari, and six months ago they had married and living on the ground floor of a five floor house. On the upper floor of the house tenants were residing. Applicant, Sadiya Ansari, had illicit relationship with co-accused, Abhishek Choudhri and Arshad, and dispute used to take place between the brother of the informant and applicant, Sadiya Ansari, on account of her illicit relationships. On

25.05.2023 all the accused persons in pursuance of a conspiracy entered into the house of his brother and murdered him by causing knife injuries.

¶4Learned counsel for applicant has submitted that applicant has been falsely implicated in this case on the basis of suspicion only. She had no motive to commit alleged offence. In the CCTV footage collected by the investigating officer, nothing was found which may implicate the applicant. The applicant has been falsely implicated in this case and she has no criminal history to her credit. She is languishing in jail since

27.05.2023.

¶5Learned AGA and learned counsel for informant have vehemently opposed the bail application and they have submitted that applicant is named in FIR.

¶6After hearing the rival contentions, this Court finds that in the confessional statements of the co-accused name of the applicant has surfaced. She has been assigned definite role in commission of the alleged offence. The applicant was having clear motive, and involvement with other co-accused, who were her friends is clear. The applicant is the main accused, who hatched conspiracy for getting her husband murdered with the help of co-accused.

¶7The bail application is accordingly, rejected.

¶8The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order. Order Date :-31.10.2023 Abhishek High Court of Judicature at Allahabad