Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20513 of 2021 Applicant :- Radhika Rajbhar Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Order on Exemption Application
Application is allowed.
Applicant is exempted from filing the certified copy of the FIR 3.4.2021.
Order on Bail Application
Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 224 of 2021, under Section 363, 370 I.P.C., registered at Police Station Cantt., District Varanasi., during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. The applicant is a lady and the child was found from house of the co-accused Rajani Padel @ Shalu. It is further contended by learned counsel for the applicant that co-accused- Rajani Padel @ Shalu having identical role to the applicant had already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 28.5.2021 passed in Criminal Misc. Bail Application No. 2045 of 2021, hence the applicant is entitled for bail on the ground of parity. It has been further submitted that applicant is in jail since 4.4.2021 having no other previous criminal history to her credit and if she is released on bail, there is no chance of her absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant,Radhika Rajbhar who is involved in the aforesaid case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 12.8.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.13 10:02:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad