Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16633 of 2021 Applicant :- Mankala Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Mankala Devi in connection with Case Crime No. 273 of 2020, under Sections 3, 4, 5, 6, 7 of the Immoral Trafficking (Prevention) Act, 1956, Police Station Lalpur/ Pandeypur, District Varanasi.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
It is submitted on behalf of the applicant that she has been falsely implicated in the instant crime. It is argued that the house, wherefrom the applicant was arrested, never belonged to her. She is a poor woman, who earns her livelihood by working as a domestic maid servant for several households. It is, in particular, argued that the two other co-accused, who have been shown arrested along with her, to wit, Brijesh Maurya and Radhe Patel, have been granted bail by the Court of Sessions vide order dated 06.01.2021. It is argued that the applicant was denied bail, amongst other things, on account of an incorrect record of history of two criminal cases shown against her, being Case Crime no. 7 of 2020, under Sections 363, 366 IPC and Section 7/8 of the POCSO Act and Case Crime no. 505 of 2017, under Section 307 IPC, whereas the applicant is not an accused in any of those cases, as would appear from a perusal of the relative FIRs annexed to the affidavit as Annexure no.3. It is specifically asserted in paragraph no. 15 of the affidavit that she has no criminal history and further that the offences charged are all punishable with prison terms not extending beyond seven years. It is next submitted that the applicant is in jail since 28.12.2020.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant is a woman of humble means working as maid servant, the fact that co-accused apprehended with her have been admitted to bail by the Court of Sessions, the fact that the offences are triable by the Magistrate, where the sentences too prescribed by law do not exceed seven years, the fact that the applicant has no criminal history, the fact that the applicant is in jail since 28.12.2020, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Mankala Devi, involved in Case Crime No.273 of 2020, under Sections 3, 4, 5, 6, 7 of the Immoral Trafficking (Prevention) Act, 1956, Police Station Lalpur/ Pandeypur, District Varanasi be released on bail on executing her 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 not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 10.5.2021 Anoop