Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45755 of 2018 Applicant :- Smt Mamta Opposite Party :- State Of U.P.
Counsel for Applicant :- Lokendra Pratap Singh,Ashutosh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ashutosh Pratap Singh , learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant is a lady and she has been falsely implicated in the present case due to ulterior motive. It is further submitted that there is no criminal history in respect of the applicant. Perused the Statement of victim recorded under section 161 Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herselff available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 3.9.2018.
Keeping in view the nature of submissions advanced, the applicant is entitled for bail.
Let, the applicant-Smt Mamta involved in Case Crime No.439 of 2018, under Section 370(3) I.P.C. and Section 18 of the Protection of Children from Sexual Offences Act,2012, Police Station- Jalesar, District-Etwah be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(II) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order date:- 30.1.2019 aks.