Allowed

Shabanam Alias Shabanam Begum v. State of U.P. Thru. Prin. Secy. Home Govt. Lko

Allahabad HC27 Apr 2024/4620/2024

Case brief

AI extract

What is this about?

In a bail application regarding charges under IPC Sections 302, 504, and 506, the court granted bail to the applicant Shabanam on the basis that her case was at par with a co-accused who had already been granted bail by this Court. The order imposed substantive conditions on her conduct during the trial.

What did the court decide?

Released on bail with a personal bond and two sureties in like amount, subject to specific conditions regarding court attendance and prohibition of adjournments.

Shabanam Alias Shabanam Begum Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:33177

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Court No. - 28

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4620 of 2024

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Applicant :- Shabanam Alias Shabanam Begum Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko Counsel for Applicant :- Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Heard Sri Vineet Kumar Chaurasia, learned counsel for the applicant, Sri Rajdeep Singh, learned AGA and perused the record.

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The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.191 of 2023, under Sections 302, 504 and 506 IPC, Police Station Kotwali City, District Pratapgarh.

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It has been submitted by the learned counsel for the applicant that co-accused, Meena has been granted bail by this Court vide order dated 06.10.2023 passed in Criminal Misc. Bail Application No.10997 of 2023 and the case of the applicant is at par with the coaccused. He further submits that case of the applicant is covered with the factum of parity. There is no criminal history against the applicant and she has been in jail since 03.04.2023.

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Learned AGA has opposed the prayer for bail, but could not dispute that the case of the applicant is covered with the factum of parity.

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Considering the over all facts and circumstances of the case and also the fact that case of the applicant is at par with the case of co-accused Meena, who has been granted bail by this Court, the applicant is entitled to be released on bail.

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Let applicant, Shabanam Alias Shabanam Begum be

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released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.

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It is made clear that observations made in this order are limited to the purpose of determination of this bail application and will, in no way, be construed

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as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusion on the basis of evidence led unaffected by anything in this order.

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(Brij Raj Singh, J.)

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Order Date :- 27.4.2024 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Shabanam Alias Shabanam Begum v. State of U.P. Thru. Prin. Secy. Home Govt. Lko

Case brief

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Shabanam Alias Shabanam Begum v. State of U.P. Thru. Prin. Secy. Home Govt. Lko

Case brief

What is this about?

What did the court decide?

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