Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38948 of 2021 Applicant :- Nirmala Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit 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. 39 of 2020 under Section 120-B IPC, Police Station - Fatehabad, District - Agra with the prayer to enlarge the applicant on bail.
The report of this incident was lodged on 8.2.2020 against three named accused persons including the present applicant. It was alleged by the complainant Ravi Kumar in the report that complainant's sister and her friend had come to the school today and on inquiry the complainant came to know that they were enticed and taken away by the present applicant Nirmala Devi to her home. It was further mentioned that when the complainant went there, he saw that named accused Rajesh and Saurabh were doing obscenities with the complainant's sister and her friend. The matter was reported to the police.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the role assigned to the the present accused is of hatching the conspiracy and the co-accused Rajesh and Surabh who had been nominated under Section 254 Ka and Sections 7 and 8 of the POCSO Act have already been released on bail and copies of their bail orders are produced by the learned counsel for the applicant, which are taken on record of this bail application. It is also argued that the present applicant is a lady and is in jail since 26.08.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he accepts the bail parity of the present applicant with co-accused.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the present applicant is lady, considering that co-accused nominated under Section 254 Ka and Sections 7 and 8 of the POCSO Act have already been granted bail, and considering all other 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.
The prayer for bail is granted. The application is allowed.
Let applicant Nirmala Devi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 LBY