Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35672 of 2021 Applicant :- Jagwati Opposite Party :- State of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 117 of 2021, under Section 313 I.P.C., P.S. Sirauli, district-Bareilly, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against the present accused, alleging therein that the applicant was running a clinic and when the complainant went to the present accused to get medically treated his wife, the accused aborted her foetus without her or her husband's consent. It was also alleged that during treatment blood was oozing from the private part of the complainant's wife, thereafter the complainant had carried his wife to Anand Hospital, Moradabad, where she was treated by the doctor. Since the incident the present accused had switched off her mobile phone.
Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case due to village factional politics. Further submission is that neither the applicant is a doctor nor she used to run any clinic. She runs a cosmetic shop namely, Jagwati Cosmetic Store, which is evident from the photographs (Annexure-5). He also submits that the applicant is lady and she is entitled to get the benefit under the provision of Section 437 Cr.P.C. He lastly submits that the applicant, who is in jail since 30.6.2021 and has no criminal antecedents to her credit, is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering that the accused was not having any interest to abort the foetus, considering that the accused is a lady and she is having three small kids, considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Jagwati be released on bail in the aforesaid case on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(b) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 Faridul