Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15540 of 2021 Applicant :- Smt. Rita Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Smt. Rita in connection with Case Crime No. 54 of 2021, under Sections 363, 364A, 120B IPC, Police Station South, District Firozabad.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that the role assigned to the applicant Smt. Rita in the kidnapping is one relating to conspiracy alone with no overt act assigned to her. It is submitted that there is absolutely no tangible evidence indicating the necessary meeting of minds to prima facie make out a case of conspiracy. It is also pointed out that the case about conspiracy is based on an extra judicial confession of the accused made to the Police in furtherance whereof no evidence has been collected during investigation, such as call detail records, involving the applicant. It is asserted in paragraph no. 18 that the applicant has no criminal history. She is in jail since 02.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the charge against the applicant is about conspiracy alone, the fact that there is no overt act attributed to the applicant in furtherance of the conspiracy, the fact that there is no tangible evidence about the conspiracy such as call detail record showing involvement of the applicant, the fact that the only evidence appearing against the applicant is an extra judicial confession attributed to the accused and nothing more and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Smt. Rita involved in Case Crime No. 54 of 2021, under Sections 363, 364A, 120B IPC, Police Station South, District Firozabad be released on bail on executing her personal bond and furnishing 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.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 7.4.2021 Brijesh Maurya