Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11393 of 2018 Applicant :- Neelam Opposite Party :- State Of U.P. Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the applicant is permitted to make necessary correction in the prayer as well as top of first page of the bail application.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 21.12.2017 by the informant against three accused persons namely, Amiullah, Neelam and Aman alleging that on 15.12.2017 they kidnapped the daughter (15 years of age) of complainant Ramnath and compelled her for marriage.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Applicant is lady. Entire prosecution story is false and concocted. There is no independent witness. Prosecutrix is major. The applicant is innocent and has been falsely implicated in the present case. In the statement recorded u/s 164 Cr.P.C. the prosecutrix nothing stated against the applicant. Main allegation is against co-accused Amiullah. In case the applicant is released on bail, she will not misuse the liberty of bail; she is languishing in jail since 24.12.2017 (more than three months) having no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Neelam involved in the Case Crime No. 1888 of 2017, under Sections 363, 366, 120-B IPC and Section 7/8 POCSO Act, P.S. Bakhira, District Sant Kabir Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.3.2018//A. Singh