Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32291 of 2018 Applicant :- Mamta Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajit Kumar,Ram Behari Saxena Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The husband of the applicant lodged the first information report under Section 364-A, IPC alleging that his son has been kidnapped by some unknown person. In investigation it was found that father of the victim had lodged the first information report falsely stating that his son has been abducted. Now, the applicant has been implicated under Sections 420, 418, 182, 211, 120-B, IPC.
The argument is that the applicant is innocent. The applicant is the mother of the victim, Anuj and has denied the allegation against her. The applicant has no criminal history and is in jail since 7.6.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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 Mamta involved in Case Crime No.393 of 2018, under Sections 420, 418, 182, 211, 120-B, I.P.C, Police Station Iglas, District Aligarh 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.8.2018 T. Sinha