Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45170 of 2019 Applicant :- Manju Sahani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Manju Sahani, with a prayer to release her on bail in Case Crime No.241 of 2019, under Sections 376-D, 323, 342 IPC and Section 3/4 and 16/17 of POCSO Act, 2012, Police Station Nautanwa, District- Maharajganj, during pendency of trial.
Submission is that applicant has been implicated in this case as the facilitator in the commission of rape by the named co-accused, Minni @ Vinni @ Akhilesh. Co- accused, Minni @ Vinni @ Akhilesh, has been enlarged on bail by this Court on 09.12.2019 in Criminal Misc. Bail Application No. 54684 of 2019. The applicant alleges false implication. The applicant is languishing in jail since 18.8.2019. She does not have any criminal history to her credit. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 Ruchi Agrahari