Allowed

Begum v. State of U.P.

Allahabad HC30 May 2022BAIL/14937/2022

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, a woman accused in a murder and riot case involving anti-mortem injuries to a deceased. Despite the charge-sheet submission, the Court found that with adequate sureties and bonds to prevent tampering, bail was appropriate.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties with conditions to attend trial and not tamper with evidence.

Begum Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 34

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14937 of 2022

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Applicant :- Begum Opposite Party :- State of U.P. Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Azaz Ahmad, the learned counsel for applicant and the learned A.G.A. for State.

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Perused the record.

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Instant bail application has been filed by applicant- Begum seeking her enlargement on bail in Case Crime No. 1445 of 2021 under Sections 147, 148, 452, 504, 302, 307 I.P.C., Police Station-Sahibabad, District-Ghaziabad, during the pendency of trial.

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It transpires from record that in respect of an incident, which is alleged to have occurred on 08.07.2021, a delayed F.I.R. dated 09.072021 was lodged by first informant Shahid and was registered as Case Crime No. 1445 of 2021 under Sections 147, 148, 452, 504, 302, 307 I.P.C., Police Station-Sahibabad, District-Ghaziabad. In the aforesaid F.I.R. five persons, namely, Shakeel, Tasleem, Arif, Asif and wife of Shakeel have been arraigned as named accused.

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The gravamen of the allegations made in the F.I.R. is to the effect that on 08.07.2021 at around 5.30 PM to 6.00PM named accused armed with danda and knife and with a common intention entered the house of first informant and thereafter, they assaulted the brother and Bhabhi of first informant. Manner of occurrence is also detailed in the F.I.R.. On account

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of aforesaid, wife of first informant namely Shabana and brother-in-law of first informant namely Abid sustained injuries.

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After registration of aforesaid F.I.R., Investigating officer proceeded with statutory investigation of afore-mentioned case crime number in terms of Chapter XII Cr.P.C. Thereafter, the inquest (Panchayatnama) of the body of deceased namely Abid was conducted on 08.07.2021. In the opinion of witnesses of inquest (panch witnesses) nature of death of deceased was homicidal. Ultimately post-mortem of the body of deceased Abid was conducted on 09.07.2021. In the opinion of Autopsy Surgeon, cause of death of deceased was comma due to antemortem injury caused on fatal organ on the chest of deceased. The Autopsy Surgeon found following ante-mortem injuries on the body of deceased:-

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" i. Incised stab wound measuring 3.5 cm x 0.5 cm cavity deep present over left side of chest, 11.0 cm away from mid line, 17 cm below below mid point of clavicle, horizontally placed. The wound is directed upward anteriorly, from lateral to medial side goes cutting skin, subcutaneous tissue, mussel of chest wall, fourth inter-coastal place, left lung through and through, left venticle. Extravation of blood present throughout the wound, length of track is 15 cm. one angle of wound is more acute than other

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2. Lacerated wound measuring 3.5 cm x 0.5 cm, mussel deep present over right side of head, 14 cm. away from mid-line, 7cm. above right mastoid process over parietal region."

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Injured Shabana was examined at Guru Tej Bahadur Hospital, Shahdra, Delhi. As per medico legal report, injured Shabana has sustained following injuries:-

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"Laceration 5cm x 2 cm on parietal region."

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During course of investigation, Investigating Officer examined first informant namely Shahid and other witnesses

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namely Anish, Shawana, Farzana under Section 161 Cr.P.C. Upon completion of statements of witnesses so examined under Section 161 Cr.P.C. and other material collected by Investigating Officer during course of investigation, which is substantially adverse to named accused, he opined to submit charge sheet. Ultimately, Investigating Officer submitted charge-sheet dated 06.10.2021 whereby named accused Sakeel, Tasleem, Arif and Begam (applicant herein) have been charge-sheeted under Sections 147, 148, 452,, 302, 307, 504 and 34 I.P.C whereas investigation against one of the named accused Asif is said to be pending.

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Learned counsel for applicant submits that though applicant is a named as well as charge-sheeted accused but she is innocent. She has been falsely implicated in afore-mentioned case crime number. Allegations made in the F.I.R. are false and concocted. As such, applicant is being falsely prosecuted in afore-mentioned case crime number. It is then contended that as per prosecution story as unfolded in the F.I.R., role of causing injuries to the deceased and other injured has been assigned to other co-accused and not to the applicant. Placing reliance upon proviso to Section 437 Cr.P.C., learned counsel for applicant submits that applicant being a woman is liable to be enlarged on bail. Applicant is a women of clean antecedents inasmuch as she has no criminal history to her credit except the present one. Applicant is in custody since 09.07.2021. As such, he has undergone more than 10 months of incarceration. In case applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with trial. He lastly contended that since the charge-sheet has already been submitted against applicant therefore the evidence sought to be relied upon by the prosecution, stands crystallised. As such, custodial arrest of applicant is not absolutely necessary during the course of trial.

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On the cumulative strength of aforesaid, he submits that applicant is liable to be enlarged on bail.

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Per contra, the learned A.G.A. for State has opposed the present bail application. However, the Learned A.G.A. could not dispute the factual and legal submissions urged by learned counsel for applicant.

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Having heard learned counsel for applicant, learned A.G.A. for State, upon consideration of evidence on record, accusation made as well as complicity of applicant but without expressing any opinion on the merits of the case, applicant has made out a case for bail.

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Let the applicant -Begum involved in aforesaid case crime number 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, which are being imposed in the interest of justice:-

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(i) Applicant will not tamper with prosecution evidence.

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(ii) Applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) Applicant will not indulge in any unlawful activities.

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(iv) Applicant will not misuse the liberty of bail in any manner whatsoever.

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

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Accordingly, the bail application of applicant is allowed. Order Date :- 30.5.2022 YK

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Digitally signed by YASHWANT KUMAR Date: 2022.05.31 19:45:23 IST Reason: Location: High Court of Judicature at Allahabad

Begum v. State of U.P.

Case brief

What is this about?

What did the court decide?

Begum v. State of U.P.

Case brief

What is this about?

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