Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33124 of 2021 Applicant :- Smt. Pooja Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Smt. Pooja, in Case Crime No. 241 of 2021, under Sections- 363, 366-A, 370, 371, 419, 420, 467, 468, 471, 376, 120-B I.P.C. and Section 3/4 and 16/17 of the Protection of Children from Sexual Offence Act, Police Station- Robertsganj, District-Sonbhadra.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; she has been falsely implicated in this very case crime number and is languishing in jail since 25.05.2021; she is of no criminal antecedent; occurrence was said to be of 04.05.2021 and report was got lodged on 25.05.2021 with considerable delay with no cogent explanation; it was got lodged against four accused persons; no specific role was there for applicant, whereas, in the statement under Section 161 Cr.P.C. of the prosecutrix, it is there that applicant had obtained photographs, one day before through mobile phone and it was used for making Adhar Card, but no such evidence is there and in the statement under Section 164 Cr.P.C. nothing as above, is written, it was never happens so, no accusation of rape or enticing or taking is against the applicant; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose the above factual aspects.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction, but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Smt. Pooja, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 23.12.2021 Deepak/