Allahabad High Court
Nargish vs State Of U.P. on 24 September, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27101 of 2020 Applicant :- Nargish Opposite Party :- State of U.P. Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard Sri Faizur Rahman, counsel for the applicant and learned A.G.A for the State.
Counsel for the applicant is permitted to correct Section 71 IPC to Section 271 IPC in the bail application within the course of the day.
Theallegation against the applicant isthat the police went to her house in connection with a case of cow slaughtering. Theapplicant is alleged to have put herhouse on fire and has threatened police of false implication. She has threatened theinformant that she willimplicate the police falsely in the case of burning of her roofwhich she put on fireherself. Thereafter the present FIR has been lodged. Counsel for the applicant has submitted that it is a case of false implication by the police. The applicant has no criminalhistory tohis credit and in any case no one will put his house on fire in fact her house was put on fire by the police and not by herself. She is in jail since 29.05.2020.
Learned A.G.A has opposed the bail application of the applicant.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant-Nargish, in Case Crime No. 40 of 2020, under Sections- 323, 504, 436, 506, 332, 353, 394, 411, 271 IPC and Section 3/5/8 of Cow Slaughter Act, Section 3 of EpidemicDiseases Act, Section 51 of Disaster Management Act, Police Station- Baraur, District- Kanpur Dehat, 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 following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.9.2020 Rohit