The Allahabad High Court has granted conditional bail to Iranian Nationality Zinat Ahmadi, accused of murder.
A Single Bench of Justice Gautam Chowdhary passed this order while hearing a Criminal Misc Bail Application filed by Zinat Ahmadi.
The prosecution story is that the informant namely, Firoz Hamedani, who resides on the first floor house Sector 116 Noida and on the second and third floor his brother Aslam alias Nasir and his relatives Ibrahim alias Dawood Bodagizadhe, Ali Bodagizadhe alias Waheed Khan, Sahra Bodagizadhe, Zinat Ahmadi (applicant), Zarin Rahimipoor, Farshid Hamedani, Ali Asgar Hamedani.
On 05.01.2023 at about 20:30 the informant was at his house in the meantime, the accused persons started knocking the door and when the informant’s opened the door they entered and started committing maarpeet and the accused Zahra had given knife to Dawood and with that knife accused Dawood assaulted the informant, his daughters Saman, Zeenat with an intention to kill them and during the said assault Zeenat became injured, she was taken to hospital, where she died.
Counsel for the applicant submitted that the applicant was merely residing in the same building where the informant was residing.
Counsel for the applicant further submitted that the applicant, co-accused persons and the informant are Iranian Nationality, since they are residing in the same building due to trifling dispute, incident took place at the spur of the moment.
He also submitted that perusal of the F.I.R shows that the main role of causing injury by knife has been assigned to co-accused Dawood and at the most co-accused Zahra, who handed over the knife to the accused and that the applicant accompanied the accused persons.
Counsel said that perusal of the post mortem shows that there is only stab ante mortem injury, thus it is clear that the same has been assigned to co-accused Dawood.
It is thus contended that the applicant has been falsely roped in the case due to trifling dispute between the parties and therefore, the applicant is entitled for bail.
It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her.
He next submitted that the applicant is languishing in jail since 05.01.2024 having no criminal history.
Per contra, A.G.A as well as counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage therefore, he does not deserve any indulgence.
“After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, the Court is of the view, that the applicant may be enlarged on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let applicant Zinat Ahmadi involved in Case under Sections 307, 323, 302, 147, 148, 149 I.P.C, Police Station Sector 113, District Gautambudh Nagar be released on bail on furnishing her personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
I. The applicant shall surrender her passport before the concerned Court below at the time of furnishing of personal bond as well as sureties.
II. The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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.
III. 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.
IV. In case, the applicant misuses the liberty of bail 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.
V. 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 CrPC. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
(VI) The trial court may make all possible efforts/endeavours and try to conclude the trial expeditiously after the release of the applicant.