Begum Reshma Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

Begum Reshma Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Applicant Begum Reshma released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to conditions that she shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on dates fixed by the trial court.

Issue for consideration

Whether applicant Begum Reshma, arraigned in Case Crime No. 643 of 2019 under Section 302 I.P.C., Police Station Kithore, District Meerut, should be enlarged on bail.

Court's answer

Without expressing any opinion on the merits of the case, and considering the facts and circumstances and the submissions of learned counsel for the parties, the Court held that the applicant is entitled to be released on bail.

Ratio / Principle

Bail is to be on a personal bond with two reliable sureties of the like amount, subject to conditions (no tampering with prosecution evidence, no pressurizing of prosecution witnesses, appearance on dates fixed by the trial court); on default of any condition the courts below are at liberty to cancel bail.

Detailed headnote1 paragraphs

Bail — S. 302 I.P.C. — Case Crime No. 643 of 2019, P.S. Kithore, District Meerut — Applicant, stated to be the Bhabhi of the deceased and alleged to have been falsely implicated due to family differences; evidence against her confined to her own confessional statement and the extra-judicial confession of her husband Jahoor before a villager Farid that he along with his wife murdered the deceased by strangulation — applicant a lady carrying pregnancy, mother of two minor children, in jail since 11.11.2019, no criminal history, no early prospect of conclusion of trial — bail granted without expressing any opinion on merits, on personal bond and two reliable sureties of the like amount, subject to conditions against tampering with evidence and pressurizing witnesses and requiring appearance on fixed dates; default entitles the courts below to cancel bail.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 976 of 2020

Applicant :- Begum Reshma Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.

Hon'ble Rajul Bhargava,J.

Heard Sri Sunil Vashisth, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicantBegum Reshma in Case Crime No.643 of 2019, under Section 302 I.P.C., Police Station Kithore, District-Meerut with the prayer to enlarge her on bail.

The submission of the learned counsel for the applicant is that the applicant is Bhabhi of the deceased and there were certain differences in the family on account of which she has been falsely implicated in the present crime. During investigation, only evidence collected against her is her own confessional statement and extra judicial confession of her husband, Jahoor before a villager, Farid that on account of animosity he along with his wife has murdered the deceased by strangulation. Except this, there is no other evidence connecting the applicant with the present crime. It is further argued that the applicant is a lady and is carrying pregnancy, having two minor children and there is no one in the family to look after them. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 11.11.2019, having no criminal history to her credit, deserves to be released on bail.

Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant-Begum Reshma be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-

1.The applicant shall not tamper with the prosecution evidence;

2.The applicant shall not pressurize the prosecution witnesses;

3.The applicant shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.

Order Date :- 17.1.2020

MN/-