Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12491 of 2017 Applicant :- Meena Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivangi Bhargava,Adya Prasad Tewari,Ajay Kumar Srivastava,Arvind Kumar Maurya,Ravi Shankar Tripathi,Sudhanshu Kumar Gour Hari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shivangi Bhargava, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of hers 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.FIR has been lodged on an application moved under section 156(3) Cr.P.C. and that too after a delay of 50 days of the alleged incident, for which no plausible explanation has been given. The applicant is a lady. I have perused the medical certificate in which the age of the victim is shown to be 20 years. The said finding is on page 36 of the present bail application. In view of the inter-rivalry between the applicant and the complainant this case was registered. The recovery was made after two months from the date of imprisonment of the applicant. The recovery so made was not from the applicant. Recovery has been shown on page 23 of the present bail application. Learned counsel for the applicant submits that nothing concrete has come into light in the medical examination conducted on the person of the victim. 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 10.1.2017. Apart from it, the applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
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 Meena involved in Case Crime No.0256 of 2015, under Sections 363, 366,372, I.P.C. and Sec. 17 POCSO Act, Police Station Anwla, District Bareilly 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 :- 26.2.2018 IA