Allowed

Shahida Khatoon v. State of U.P. and Another

Allahabad HC7 Dec 2018BAIL/45367/2018

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 419, 420, 467, 468, 471, 409 IPC, the Court allowed the release of the applicant on bail upon execution of a personal bond and furnishing two sureties, contingent upon depositing Rs. 25,000 within 15 days.

What did the court decide?

Release on bail by executing a personal bond with two sureties and depositing Rs. 25,000 within 15 days to the Zila Alpasankhyak Adhikari, Maharajganj.

Shahida Khatoon Vs State of U.P. and… — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45367 of 2018

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Applicant :- Shahida Khatoon Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahnawaz Khan,Adya Prasad Tewari Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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This case has been assigned by the Hon'ble The Chief Justice vide order dated 7.12.2018.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant as well as Sri Anil Prakash Yadav, Advocate holding brief of Sri Krishna Nand Yadav, learned counsel for the complainant and the learned A.G.A. for the State.

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Learned counsel for the applicant submitted that co-accused Rehana Khatoon has been enlarged on bail by co-ordinate Bench of this Court vide order dated 12.11.2018 in Criminal Misc. Bail Application No. 42494 of 2018 subject to condition that applicant deposits Rs.20,000/- in the account running in the name of Zila Alpasankhyak Adhikri, Mahrajganj and the case of the present applicant is identical to the case of co-accused and the applicant is ready to deposit Rs.25,000/- so called money. The applicant is languishing in jail since 22.9.2018 ( more than two and half months) having no criminal history; the applicant has been falsely implicated in this case, there is no independent witness and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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The learned A.G.A. as well as learned counsel for the informant has vehemently opposed the prayer for bail of the applicant but conceded that if applicant is ready to deposit the requisite amount as aforesaid within the time stipulated to the Zila Aplasankhyak Adhikari, Maharajganj, then court may consider her bail application and also admitted that the applicant has no criminal history and the case of the applicant is identical to the case of co-accused Rehana Khatoon, who has been enlarged on bail.

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Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail

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application is allowed.

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Let the applicant- Shahida Khatoon involved in case crime no.2562 of 2016, under Sections 419, 420, 467, 468, 471, 409 IPC, Police Station Shyamdeurwa, district Mahrajganj be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition that she will deposit the requisite amount Rs.25,000/- by way of bank draft to the concerned account of Zila Alpasankhyak Adhikari, Maharajganj within a period of 15 days after release from jail.

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It is made clear that in case, applicant does not deposit the requisite amount as aforesaid within the time stipulated, learned A.G.A. for the State is free to move bail cancellation application before this Court.

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However, deposition of the requisite amount shall not have any impact on the merit of the case.

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Order Date :- 7.12.2018

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Shahida Khatoon v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shahida Khatoon v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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