Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3208 of 2019 Applicant :- Chandra Has Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar,Adya Prasad Tewari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, Sri J.K. Upadhyay, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 724/2018 under Sections 370 (1,5), 419, 420, 467, 468, 471, 120-B IPC and Sections 42 and 80 of Juvenile Justice Act, police station Kotwali Deoria, District Deoria with the prayer to enlarge the applicant on bail.
As per prosecution version, co-accused Giraja Tripathi along with her husband Mohan Tripathi, daughter Kanchanlata Tripathi and other family members and relatives, was running an NGO in the name of "Maa Vindhyawasani Mahila Evam Prashikshan Samaj Seva Sansthan", a Shelter Home/Children Home. In that institution, minor girls were being kept illegally despite the fact that the recognition of this institution was lying deferred. The inmates of this institution were not transferred to proper institutions despite directions of concerned government authorities. The inmates minor girls were illegally being detained in the said institution and their basic rights were blatantly violated. One of the inmates Anjali Kumari, aged 13 years, escaped from that institution and told about the activities of this institution to Women Helpline. She has stated that the inmate girls in the said institution were not secured and they are physically exploited.
During investigation, the involvement of the applicant was found and, accordingly, he was also charge-sheeted for various offences.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant is not named in the FIR; that the inmate girls of the institution have not made any incriminating statement against him; that during investigation, it was found that no offence under Section 7/8 of Protection of Children from Sexual Offences Act and under Section 354-A of IPC is made out; that the applicant has no concern at all with the alleged shelter home being run by the co-accused and he was an ex-employee in the alleged institution and he was not associated with it in any manner; that the applicant has been involved merely on the basis of suspicion and that no illegal activity was being carried out by the applicant; that investigation of the case is complete and charge-sheet has already been filed in Court; that the applicant has no criminal history and he is in judicial custody since 01.10.2018 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of bail and argued that the alleged shelter home was being run illegally and minor girls were being detained there illegally. The rights of inmate children were violated. It was further argued that during investigation it was found that the applicant has worked as a Programme Coordinator in the alleged institution and he has prepared child study report of two children, knowing that the shelter home was not recognized. However, it was not disputed that he was an ex-employee of said NGO.
Considering the submissions of learned counsel for the parties and taking into account the fact that the accused-applicant was an ex-employee of alleged NGO, nature of allegation against him as well as considering all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Chandra Has Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 30.5.2019 Anand