Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16502 of 2018 Applicant :- Priyanka Rawat Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Satyendra Pratap Singh, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the alleged incident is said to have taken place on 26.3.2018 and first information report regarding the same has been lodged on 27.3.2018 for which no plausible explanation has been given by the prosecution. It is further submitted that the applicant has no concern with the alleged incident. It is further submitted that at the time of occurrence the applicant was present at her home with her son, the said fact has been mentioned in para 7 of the affidavit accompanying this bail application. It is next contended that other co-accused namely Mohit Modhwani @ Mohit Medwani, Surveer Singh, Salman Khan, Ashu @ Akash, Smt. Babita, Rajni, Kunal Agarwal, Taniya Gazi, Asha Joshi and Amit have already been granted bail by the concerned Court below vide order dated 18.4.2018, a copy of said order has been annexed as annexure-2 to the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 27.3.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that the applicant was named in the first information report and the hotel in question is under the supervision of the applicant, therefore, participation of the applicant in incident in question cannot be ruled out.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Priyanka Rawat involved in Case Crime No.271 of 2018, under Sections 3/4/5/6/7/8 Immoral Traffic (Prevention) Act, 1956, Police Station New Agra, District Agra be released on bail on her furnishing a personal bond with two sureties (of Rs.five lakhs) each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.5.2018 Dev/-