Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17691 of 2019 Applicant :- Rajani Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Mishra,Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some personal enmity with the father of the victim. He further submitted that there is no direct or indirect evidence against the applicant for the offence under Section 376 IPC. It is further contended that the main co- accused Uttam have already been granted bail by the another Bench of this Court vide order dated 13.3.2019 passed in Crl. Misc. Bail Application No. 8633 of 2019. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant who is a lady and has no previous criminal history, is in jail since 25.12.2018.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, namely, Rajani involved in Case Crime No. 717 of 2018, under Sections 363, 376, 342, 506, 120B IPC and 3/4 POCSO Act, Police Station Khoda, District Ghaziabad, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2019 Ankita