By means of this application the applicant Kheru Nisha has prayed to release her on bail in Case Crime No. 239 of 2018, under Sections 366, 328, 376, 120-B IPC and Section 5/6 POCSO Act, Police Station Loni, District Ghaziabad.
Heard learned counsel for the applicant, learned counsel for the informant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and she has been falsely implicated in this very case crime number. Applicant is in jail since 23.9.2019 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case she is released on bail. Applicant is of no criminal antecedents. Prosecutrix has been held to be of 17 years in medical age determination by the medical board which may be with two years variation either side. The accusation of rape is against other co-accused Ajay and Suraj. The accusation against the applicant is of conspiracy only. She is an old aged lady languishing in jail. No specific accusation against her. Hence bail has been prayed for during trial.
Learned counsel for the informant as well as learned AGA has vehemently opposed the bail application, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard the learned counsel for the parties and gone through the material available on record, it is apparent that prosecutrix has been held to be of 17 years of age. It was said to be forcibly get signed, but all these accusation is against the other accused persons. Accusation is against the applicant is entire distinguishable from others. She being lady is languishing in jail since 23.9.2019.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Kheru Nisha, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in 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 his 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 :- 11.1.2021 Ravi Prakash