Allahabad High Court
Km.Shabnam Khan vs State Of U.P. on 7 July, 2010
Author: S.N.H. Zaidi
Bench: S.N.H. Zaidi
Court No. - 18 Case :- BAIL No. - 4990 of 2010 Petitioner :- Km.Shabnam Khan Respondent :- State Of U.P. Petitioner Counsel :- Mohd. Mansoor Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Vakalatnama filed on behalf of the complainant in Court is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the material on record.
The applicant, who is an unmarried girl, is involved in Case Crime No.2163 of 2010 under sections 363, 366, 376 and 506 I.P.C., Police Station Kotwali Nagar, District Faizabad.
According to the report, the applicant, who was teaching in the school of the complainant, got two daughters of the complainant, aged 19 and 13 years, kidnapped from their house on 24.04.2010 at night by enticing them away with co-accused Aftab alias Shabban and Imran alias Guddu.
The submission of the applicant's counsel is that one of the girls is aged 19 years, whereas the other girl has been found to be 16 1/2 years of age, in her medical examination. It is also submitted that when the younger girl was recovered by the police on 26.04.2010, she did not disclose the name of the applicant as one of her kidnappers in her statement given to the police.
It is also submitted that the applicant has been falsely implicated in the case as there was a dispute of payment of salary with the complainant and no overt act has been attributed to the applicant in the kidnapping/abduction of the girls in the statements of the victims recorded under section 164 Cr.P.C. and she has been alleged to have accompanied the girls and co-accused upto the bus stand, from the house of the girls Learned counsel for the complainant and the State, however, opposed the bail. It has been submitted that in the statements recorded under section 164 Cr.P.C., both the girls have named the applicant.
Considering the above circumstances as well as the circumstances that the complainant has not named the person who had informed him about the fact that the girls were seen in the company of the applicant and that the girl had gone from their house at about mid night and also looking to the points pertaining to the the nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case and without commenting upon the merits of the case and that the applicant is an unmarried girl, who is languishing in jail since 30th April, 2010, the applicant appears entitled for bail.
Application is, accordingly, allowed.
Let applicant Km. Shabnam Khan be enlarged on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the C.J.M. Faizabad.
Order Date :- 7.7.2010 ank