Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6075 of 2018 Applicant :- Manju Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Qaisar Kamal Ansari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Q.K.Ansari, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution story the complainant lodged the report against the son of the applicant and other co-accused for enticing away his minor niece on 7.12.2017 in the night and when it was learnt about the involvement of the son of the applicant, he reached the place of the applicant where he was hurled abusing language and threatened him with dire consequences by the applicant and other co-accused persons.
Learned counsel for the applicant in support of her prayer for bail submits that the applicant is innocent and she has been falsely implicated in the present case due to ulterior motive and she has committed no offence. It is next contended that the applicant is a lady and she is entitled to get benefit of section 437 Cr.P.C. It is also contended that the prosecutrix fell in love with the applicant and she had gone in the company of the applicant out of her own volition. Both are young and major. When the police personnel started to harass her and other family members, they approached this Court by means of filing writ petition in which the arrest of petitioner nos. 4 & 5 was stayed which has been annexed as annexure-.2 to the bail application. However, despite the interim protection granted by this Court the applicant was arrested on 3.1.2018.It is further submitted that the applicant has two daughters aged abut 3 & 4 years and there was no one in the family to look after them.She has no role to play in the above incident. 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 herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 3.1.2018. The applicant has no other reported criminal antecedent.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Manju Devi involved in Case Crime No.793 of 2017, under Sections 363, 366, 504, 506 I.P.C. Police Station Birano, District Ghazipur be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 24.4.2018 IA