Nafeesa Vs State of U.P.

Neutral Citation No. - 2023:AHC:119096

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14129 of 2023

Applicant :- Nafeesa Opposite Party :- State of U.P. Counsel for Applicant :- Jay Prakash Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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The present bail application has been filed by the applicant in Case Crime No. 392 of 2022, under Section 302 IPC, P.S. Teela Mod, Nagra, District Ghaziabad, with the prayer to enlarge the applicant on bail.

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According to the prosecution version, on the night of 7/8.08.2022 at 9:15 PM, the informant saw that the applicant/accused Nafeesa was going with high speed and she was in perplexed condition and that on inquiry she has told that her daughter Amreen was habitual of taking drugs and she often used to flee away with drug addicts boys. On 07.08.2022, also she was pressurizing her for going with drug addicts boys, and when applicant resisted she started scuffling with her and thereafter she has strangulated her by putting a pillow at her mouth.

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It has been argued by learned counsel for the applicant/accused that applicant/accused has been falsely implicated in this case. The applicant is mother of deceased and she has absolutely no motive to cause death of her own daughter. It was submitted that deceased

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was habitual of taking drugs, due to which she has become quite weak and that as she was pressurizing her for going with drug addicts boys. At the time of incident, the applicant was not at home and when she came at her house, she saw that the deceased was lying in grovel condition and she suffered death due to that reason. The applicant was not involved in strangulating or smothering the deceased. It is further submitted that the only eye-witness of incident, namely, Nasreen, who is sister of deceased, has already been examined before the trial Court, and she did not support the prosecution version and turned hostile. In her statement before the trial Court she has stated that she along with applicant has gone to market and while they returned back at 9:30 PM, they saw that deceased was lying in upside-down condition and when she was taken to doctor, she was declared dead. There is no other eyewitness of incident. It is submitted that applicant is a widow lady and she is having young girl and there is no one to look after her girl. Lastly, it was submitted that the applicant is languishing in jail since 17.08.2022, having no criminal history, and that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. has opposed the prayer for bail.

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Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

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Let the applicant Nafeesa involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below

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subject to following conditions:

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i. The applicant shall not tamper with the evidence during the trial.

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ii. The applicant shall not pressurize/ intimidate the prosecution witness.

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iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

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v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.

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Order Date :- 29.5.2023 A. Tripathi

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Nafeesa v. State of U.P.

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Nafeesa v. State of U.P.

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