Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11478 of 2010 Petitioner :- Smt.Musarrat Respondent :- State Of U.P. Petitioner Counsel :- Sunil Vashisth Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned AGA.
It has been contended by learned counsel for the applicant that the applicant is
not named in the FIR and the prosecution version is based upon the statement
of one Meharban Ali which was recorded two months after the incident and
thereafter the said Meharban Ali had turned hostile during trial. It is next
contended that no overt act of causing any injury to the deceased has been
attributed to the applicant. It is next contended that the applicant is in jail
since 7.4.2010 and hence she deserves to be enlarged on bail.
The aforesaid factual position is not disputed by the learned AGA.
Considering the nature of submissions made by learned counsel for the
applicant, this Court is of the view that the applicant is entitled to be enlarged
on bail during the pendency of the trial.
Let the applicant Smt. Musarrat involved in case crime no. 397/2000, under
Sections 364, 302, 120B, 147, 201 I.P.C., P.S. Mawana, District Meerut be
released on bail on her executing a personal bond and furnishing two sureties
each in the like amount to the satisfaction of the court concerned subject to
the following conditions:-
1. The applicant shall record her attendance before the concerned C.J.M. on
the 7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will
not seek any unnecessary adjournments.
In case of breach of any of the conditions, the trial court will be at liberty to
cancel the bail.
Order Date :- 16.6.2010
AKG/-