Heard learned counsel for the applicant, learned A.G.A. for the State through video conferencing and perused the record of the present bail application.
The present bail application has been filed by the applicant-Kajal Arakh with a prayer to enlarge her on bail in Case Crime No.79 of 2020, under Sections 364-A, 504, 506, 120-B I.P.C.-1860, Police Station- Kalinjar, District-Banda.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. It has been submitted that the F.I.R. is highly belated and it has been lodged after more than 10 days and there is no plausible explanation of delay. It has further been submitted that the applicant is a lady aged about 25 years and is Bureau Chief in a daily newspaper and she is not associated in any manner with the other co-accused. She never demanded any ransom. It has further been submitted that the applicant has no criminal history and she is not previously convicted in any case. It has been next submitted that there is no independent witness of the alleged incident and she is languishing in jail since 17.01.2021 and further undertakes that she will not misuse the liberty in case she is released on bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant-Kajal Arakh involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 28.5.2021 SK Goswami