Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30366 of 2019 Applicant :- Lili @ Lilani Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 697 of 2019, under Sections 3,4,5,7(2)a of Immoral Traffic (Prevention) Act, 1956, Police Station Noida Sector-20, District- Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and that she has not indulged in any criminal activity. There is no independent witness of the alleged incident and no role was assigned to her. It has been further submitted that applicant is languishing in jail since 01.07.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed and argued that in the alleged incident, on the information, raid was conducted and applicant was apprehended on the spot and used to indulge in such activity.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Lili @ Lilani involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 T.S.