Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46620 of 2018 Applicant :- Mor Kali Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No.479 of 2018, under Sections 363, 366 I.P.C. & 17 POCSO Act, P.S.Bhojipura, District Bareilly with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant is a lady and has been falsely implicated in the present case on account of enmity; that the victim has already been recovered from Bareily Railway Station; that the allegation made against the applicant is improbable and unreliable; that no harm was caused to the victim girl; that in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial and that she is in judicial custody since 29.9.2018, having no criminal history.
Learned A.G.A. has opposed the prayer for bail on the ground that the accused applicant was instrumental in kidnapping of the victim-girl.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Mor Kali involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not pressurize 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 applicant is accused, or suspected of the commission, of which applicant is suspected.
(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 them from disclosing such facts to the Court or to any police officer or temper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 11.6.2019 Rk