Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39916 of 2019 Applicant :- Poonam Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 449 of 2019, under Section 3/4/5 Anaitik Deh Vyapar Adhiniyam, 1956, Police Station Kotwali, District Etawah, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case and she is innocent, she has no concerned with the sex racket. Applicant committed no offence. A false and fabricated story has been set up by the police. It is further submitted that the applicant was searching a house to live on rent in that area at that time the police arrested her and implicated her in false case stating that she is involved in sex racket. Applicant is in jail since 14/7/2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant was arrested involving in sex racket with some male and females on the spot.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, number of cases shown in gang chart and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Poonam be released on bail in the aforesaid case crime on her furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, she shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.
Order Date :- 27.9.2019 SKS