Court considered bail application for Noor Jahan, alleged murderer charged under Sections 302 and 201 IPC. Despite lack of naming in FIR, court deemed it a fit case and granted bail with conditions.
Released on bail on furnishing personal bond and two sureties with conditions against tampering evidence, intimidating witnesses, and appearing in trial court.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48294 of 2019
Applicant :- Noor Jahan Opposite Party :- State of U.P. Counsel for Applicant :- Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged by Akeel Ahmad, the father of the deceased, against unknown. The applicant is not named in the first information report. The name of the applicant came into light in the statement of daughter of the applicant namely, Km. Nisha. In the statement of Km. Nisha it has come that on 6.7.2019 in the night at about 12.00 'O' clock the deceased came at the house of the applicant to take his mobile. At that time the maternal uncle of Km. Nisha namely, Hafiz, the applicant, Afroz and the father of Km. Nisha were also present at the house. Afroz and Hafiz caught hold the deceased. Hafiz caught hold the legs of the deceased and father of Km. Nisha namely Afroz assaulted with danda due to which the deceased died. The applicant also caught hold Km. Nisha. The statement of Km. Nisha under section 164 Cr.P.C. was also recorded in which she has also supported the prosecution version and has stated that after committing murder of the deceased, the dead body of the deceased was thrown outside by the father and maternal uncle of Km. Nisha. Maternal uncle of Km. Misha also caused injury to Km. Nisha by a country made pistol. At that time the applicant and father of Km. Nisha were standing at some distance. It has been further submitted that during investigation it was found that Km. Nisha was a girl friend of the deceased and she used to talk on mobile with the deceased. In the statement of Km. Nisha recorded under sections 161 and 164 Cr.P.C. only it has come that the applicant caught hold Km. Nisha by Dupatta in her throat and other co-accused persons have committed murder of the deceased. The applicant neither caused any injury to the deceased nor helped in throwing the dead body of the deceased outside of the house. The applicant is a lady and she has been falsely implicated in this case. There is no criminal history of the applicant and she is in jail since 20.8.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Noor Jahan involved in Case Crime No.383 of 2019, under Section 302 and 201 IPC Police Station Civil Line District Aligarh 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 with the following conditions;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 15.11.2019 Gss
1 issue framed by the court
Whether the applicant, accused under Sections 302 and 201 IPC charging, should be granted bail as a fit case.
3 provisions across 2 enactments
Noor Jahan
State of U.P.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
