Allowed

Smt. Shama @ Nagma v. State of U.P.

Allahabad HC17 Jun 2021BAIL/21273/2021

Case brief

AI extract

What is this about?

In this bail application, the High Court allowed the release of the female applicant suffering from severe spinal issues and having minor children. The court held it to be a case of bail based on prima facie satisfaction and reliance on the dictum of the Apex Court, granting bail subject to specific conditions.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to standard conditions including appearance in court and non-interference with witnesses.

Smt. Shama @ Nagma Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21273 of 2021

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Applicant :- Smt. Shama @ Nagma Opposite Party :- State of U.P. Counsel for Applicant :- Adesh Kumar,Barkha Chaudhary Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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A mention has been made by Mohd. Faiz, learned counsel holding brief of Sri Adesh Kumar, learned counsel for the applicant that the applicant is a lady and is suffering from severe spinal problem and the case is listed today at serial no.100, therefore, a request has been made for taking up the matter.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA -I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant severely suffering from slip disk and her treatment is going on since March, 2020, reference in this regard is made to annexure-6 to the affidavit accompanying this bail application. It is further submitted that the applicant is a lady having minor children. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.3.2021. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.22 of the affidavit accompanying the bail application.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant- Smt. Shama @ Nagma , be released on bail in Case Crime No.177 of 2021, under Sections- 457, 380, 427, 411 I.P.C., Police Station- Modinagar, District- Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the

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satisfaction of magistrate/court concerned, subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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She will not tamper with the witnesses.

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She will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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.

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Order Date :- 17.6.2021 Dev/-

Smt. Shama @ Nagma v. State of U.P.

Case brief

What is this about?

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Smt. Shama @ Nagma v. State of U.P.

Case brief

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