Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9722 of 2021 Applicant :- Km. Chandni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. It is further submitted by the learned counsel for the applicant that if entire prosecution case is taken into consideration then also role of taking away the victim has been assigned to the applicant. Co-accused, against whom role for preparing video clip was assigned, has been released on bail on 23.6.2021 vide Criminal Misc. Bail Application No. 10361 of 2021. The applicant has no criminal history. She is languishing in jail since 27.11.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of victim recorded under Section 164 CrPC, the medical evidence, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Km. Chandni involved in Case Crime No. 260 of 2020, under Sections 376-D, 114 IPC and 16/17 POCSO Act, P.S. Amriya, District - Pilibhit be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 16.8.2021 safi