Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51961 of 2019 Applicant :- Hema Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Pal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vijay Pal Yadav, learned counsel for the applicant; Sri V.K. Baranwal, learned counsel for the informant as well as Sri S.P. Maurya, 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 - Hema Patel with a prayer to release her on bail in Case Crime No. - 250 of 2019, under Sections - 363, 366, 504 I.P.C. and Section 11/12 POCSO Act, Police Station - Maharajganj, District - Jaunpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction with intent to force marriage and criminal intimidation, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 13.08.2019, the applicant is in confinement since 11.09.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending against the applicant yet, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis only, it may be noted, according to the applicant, she has been falsely implicated on mere suspicion without there being any evidence as may reflect the involvement of the applicant. On the other hand, Writ C No.28154 of 2019, (Vindu and Another Vs. State of U.P. and 3 Others) had been filed by the petitioners (in that case),who had approached this Court and disclosed that their marriage was solemnized on 06.08.2019. In such circumstances, the fact that the victim child is a minor it may remain relevant in the context of the trial that may eventually taken place. At this stage, so far as the present applicant is concerned, she has been named on mere apprehension is voiced in the first information report;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant 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.
Order Date :- 26.11.2019 Saif