Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11991 of 2010 Petitioner :- Smt. Amna Begum @ Farzana Respondent :- State Of U.P. Petitioner Counsel :- Dr. G.S.D. Mishra,Vindhyachal Singh Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
This is second bail application. First bail application was rejected
by this Court on 06.04.2010 for want of prosecution.
Applicant-Smt. Amna Begum @ Farzana seeks bail in Case
Crime No. 1288 of 2008, under sections 364-A, 302, 201 IPC,
Police Station Chakeri, District Kanpur Nagar.
Heard learned counsel for the applicant as well as learned AGA
for the State and perused the material placed on record.
It is argued by learned counsel for the applicant that the applicant
is neither named in the First Information Report nor her name
was spelt in the statement of the informant and other witnesses
recorded under section 161 Cr.P.C. Her name came into the light
for the first time as a participant in the crime in the statement of
co-accused Mohd. Islam after his arrest on 27.12.2008. It is
further argued that the applicant was newly married lady and she
was married with Arif the brother of co-accused Mohd. Islam,
therefore, it cannot be expected from her that she would
participate in such a heinous crime just after two months from the
date of marriage. It is further argued that the allegation against
her is of only hatching up a conspiracy, thus her case is
distinguishable from the case of co-accused Mohd. Islam. He
further argued that one of the co-accused Smt. Safia Begum @
Sakiya Bano wife of co-accused Mohd. Islam has been granted
bail by another Bench of this Court on 24.05.2009 vide bail
application no. 13026 of 2009. He has further pointed out that the
applicant is a newly wedded wife and she is in jail since
28.12.2008 having no criminal history to her credit and moreover
there is scanty chances of her fleeing away from the judicial
process and tempering the prosecution evidence, thus she
deserves to be released on bail at this stage.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of
punishment, reasonable apprehension of tampering the witnesses,
prima facie, satisfaction regarding proposed evidence and
genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it
a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the
applicant- Smt. Amna Begum @ Farzana involved in aforesaid
crime 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.
Order Date :- 23.7.2010
Imroz