Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30958 of 2018 Applicant :- Smt. Rani Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Anurag Dubey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.546 of 2017, under Sections 376-D, 120-B IPC and 5/6 POCSO Act, Police Station Kuravali, District Mainpuri, with the prayer to release her on bail.
Learned counsel for the applicant has argued that the applicant is a lady and she has been falsely implicated in this case being Bhabi of one of the co-accused Pancham Singh alias Panchhi. She neither named in the first information report nor in the statement of victim under Section 161 Cr.P.C. Her name was however, introduced for the first time in the statement of victim under Section 164 Cr.P.C. in which it is stated that the applicant used to call the victim on her place by deceiving her and then three named co-accused used to rape her. It is next contended that the applicant is confined in jail since 23.2.2018 and two of her infant children are affected badly on account of her incarceration. The case of applicant is distinguishable from that of the three named co-accused against whom there is allegation of gang rape.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Smt. Rani, be released on bail in the aforesaid case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Hasnain