Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55956 of 2019 Applicant :- Smt. Kajal Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant as well as Sri C.P. Singh, 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 - Smt Kajal with a prayer to release her on bail in Case Crime No. 660 of 2019, under Sections 342, 363, 366, 368 IPC, Police Station - Banna Devi, District - Aligarh, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction to force marriage and other offences, punishable with imprisonment of ten years;
(ii) against FIR lodged on 13.10.2019, the applicant is in confinement since then;
(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) though investigation is stated to be pending, 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 for purpose of grant of bail, it has been submitted that the applicant is a lady, with whom the main accused was residing, however, she had no role to play in the abduction of the victim. In her statement recorded under Section 164 Cr.P.C., the victim did not make any allegation against the present applicant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witnesses.
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 :- 16.12.2019 AHA