Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52660 of 2019 Applicant :- Phoolmati Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Nitin Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Nitin Chandra Mishra, learned counsel for the applicant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Phoolmati Devi with a prayer to release her on bail in Case Crime No. - 93 of 2019, under Sections - 363, 366 I.P.C., Police Station - Tarayasujan, District - Kushinagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction with intent to force marriage, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 17.02.2019, the applicant is in confinement since 12.07.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is pending, however, the girl has been recovered and, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only it may be noted, according to the applicant, not only the girl has been recovered but also she has clearly falsified the prosecution story in her statement recorded under Section 164 Cr.P.C. Also, she has stated that she wants to marry the son of the present applicant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Abhilash