Allowed

Asma Bano v. State of U.P. Thru. Prin. Secy. Lko.

Allahabad HC21 Mar 2024BAIL/3283/2024

Case brief

AI extract

What is this about?

In a criminal bail application, the Allahabad High Court granted bail to the applicant. The court noted that the applicant's identity was not verified by the prosecution and expressed no apprehension regarding flight or tampering with evidence.

What did the court decide?

Applicant released on bail by furnishing a personal bond with two reliable sureties, subject to conditions regarding adjournments and court appearance.

Asma Bano vs State of U.P. Thru. Prin. Secy. Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:26829

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3283 of 2024

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Applicant :- Asma Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Ali Hasan,Aftab Ahamad,Lubna Bano,Mohd. Suhail Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in FIR/Case Crime No.0378/2023, under Sections 307,364,328, 201 and 34 IPC, Police Station Para, District Lucknow.

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The submission of the learned counsel for the applicant is that as per the version contained in the FIR, which was lodged on 06.11.2023, it is stated that the daughter of the complainant on 05.11.2023 had left with a lady who was unknown and it was alleged that she had accompanied the daughter of the complainant for offering some prashad and thereafter on 06.11.2023 the daughter of the complainant was found in an injured condition near the Police Station Mohanlalganj and the victim was admitted to the PGI Trauma Centre.

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It is submitted that the applicant does not have any criminal history. It is a case of false identify inasmuch as on the statement of the co-accused, the name of the applicant has surfaced.

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It is further urged that in the statement recorded of the victim, she has merely mentioned the name Asma Bano but it has not been identified as to whether the name taken by the victim Asma Bano is the present applicant nor her presence or identity has been verified nor her role has been established.

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It is further urged that there has been no identification by the prosecution nor the injured identified the applicant. It is also submitted that the charge-sheet has been filed and there is no chance that the applicant may influence any witness or tamper with the evidence. Thus, it is stated that the applicant, who is languishing in jail since 15.11.2023 may be enlarged on bail.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the fact that it was not identified as to whether the present applicant is the same person who was identified by the victim. But it is urged that the name of the applicant has been taken by the victim and in the aforesaid circumstances, the applicant is not entitled to be released on bail.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record and an undisputed fact that no effort was made to get the identity of the applicant verified to be certain the applicant was the person having complicity in the offence as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Asma Bano involved in FIR/Case Crime No.0378/2023, under Sections 307,364,328, 201 and 34 IPC, Police Station Para, District Lucknow be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) The applicant shall file an undertaking to the effect that he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 his 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 him, 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 him in accordance with law.

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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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Order Date :- 2.4.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Asma Bano v. State of U.P. Thru. Prin. Secy. Lko.

Case brief

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Asma Bano v. State of U.P. Thru. Prin. Secy. Lko.

Case brief

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