Allowed

Asiya Begum v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC18 Oct 2024/9402/2024

Case brief

AI extract

What is this about?

Single judge allowed bail to Asiya Begum in a murder case (IPC 147, 302). Court held she is entitled to bail as no specific allegation existed against her and the case lacked eyewitness testimony.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties, subject to conditions of not tampering with evidence, cooperating in trial, and not committing further crimes.

Asiya Begum Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70391

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Court No. - 35

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9402 of 2024

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Applicant :- Asiya Begum Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Suresh Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Shri Suresh Kumar Upadhyay, learned counsel for the applicant and learned A.G.A. for the State through video conferencing.

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Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.266 of 2023, under Sections 147, 302 IPC, Police Station- Jethwara, District Pratapgarh.

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Contention of learned counsel for the applicant is that there was no allegation against the applicant in the FIR though she was also nominated as accused in the FIR. Name of the applicant was mentioned in the statement of first informant recorded under Section 161 Cr.P.C. It is further submitted that it is admitted case of the first informant that he was not the eye witness of the incident and he had lodged the FIR on the basis of doubt. He next contended that the applicant is a law abiding citizen and she is languishing in jail since 22.11.2023. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail and submitted that the applicant along with other co-accused person had killed the deceased Dilip Jaiswal by hanging and thereafter the accused persons themselves informed the first informant. Therefore, the applicant is not entitled to be released on bail.

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Considering the aforesaid submissions and perusal of record, it appears that though the applicant was implicated as an accused but there is no specific allegation against her. There is no eye witness

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of the aforesaid incident and entire family members of the accused persons have been nominated as accused.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Asiya Begum involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 18.10.2024 SY

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Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad, Lucknow Bench

Asiya Begum v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

Asiya Begum v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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