Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35989 of 2018 Applicant :- Manju Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Arvind Singh Sengar, learned counsel for the applicant, 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.932 of 2017, under Sections 342, 376-(D), 120-B, 506 IPC and 5(g)/6 POCSO Act, Police Station Reoti, District Ballia, with the prayer to release her on bail.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in this case being mother of co-accused Raju Soni. He further points out that Raju Soni has been enlarged on bail by this Court by an order dated 2.8.2018 passed in Criminal Misc. Bail Application No.27572 of 2018. It is stated that the case of applicant stands on better footing than that of the co-accused Raju Soni who has been enlarged on bail. Lastly, it is submitted that the applicant being a lady is languishing in jail since 8.7.2018 having no criminal antecedents.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Manju Devi, be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(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.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 25.9.2018 Hasnain