Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46529 of 2019 Applicant :- Farhin Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.,Jagdish Prasad Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant; Sri Jagdish Prasad Mishra, learned counsel for the informant as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Farhin with a prayer to release her on bail in Case Crime No. -185 of 2019, under Sections -363, 506 I.P.C. and Section 3/4 POCSO Act, Police Station - Jansath, District - Allahabad, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction, criminal intimidation and POCSO Act, punishable with imprisonment of seven years;
(ii) against FIR lodged on 24.06.2019, the applicant is in confinement since 25.03.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that the parties who are neighbours had been in an estranged relationship since before. With respect to an earlier dispute that had arisen between the parties, the present applicant had made an application to the police on 07.11.2018 making allegation against the brother of the present victim. In such case, it has been submitted that wholly unbelievable story has been offered by the prosecution of the applicant having offered a mobile phone to the victim and having thus plotted her abduction. In short, it has been submitted that the prosecution story is wholly false and bogus. In any case, medical examination did not support the allegation of rape and therefore no chargesheet has been submitted accordingly;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 S.Chaurasia