Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44233 of 2019 Applicant :- Girija Tripathi Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Shri Nazrul Islam Jafri, Sr.Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Nazrul Islam Jafri, learned Senior Advocate assisted by Sri Khalid Mehmood, learned counsel for the applicant; 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 - Girija Tripathi, with a prayer to release her on bail in Case Crime No. -724 of 2018 (Special Trial No.152 of 2018), under Sections -188, 189, 343, 504, 506, 370(1)(3), 370(5), 419, 420, 467, 468, 471, 472, 409, 120-B I.P.C. and Sections-42, 75, 79, 80, 82 of Juvenile Justice Act, 2015, Police Station -Kotwali Deoria, District -Deoria, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence noted above, punishable with imprisonment upto life;
(ii) against FIR lodged on 06.08.2018, the applicant is in confinement since 06.08.2018;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. There is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that though specific allegation has been made by way of inmates of the shelter home that had been run by the applicant alongwith her husband and daughter, namely Mohan Tripathi and Kanchan Lata Tripathi, there are various other statements recorded under Section 164 Cr.P.C. of the other inmates who have not supported the FIR allegation. Also, it has been submitted that upon issuance of the government order, transfer of girls from shelter home, the FIR came to be registered without allowing any time to the applicant to give effect to the transfer order. As to registration of society, the same is stated to be renewed. Further, it has been submitted that the co-accused Kanchan Lata Tripathi has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.3413 of 2019 decided on 12.07.2019;
(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 heavy 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.
7. The applicant further undertakes not to run any shelter home or similar activity during the period of the criminal prosecution either directly or through agency. If the applicant is found to have indulged in such activity either directly or through her agent it may itself constitute a ground for cancellation of bail.
Order Date :- 28.11.2019 S.Chaurasia