Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56807 of 2019 Applicant :- Smt Santoshi Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Prakash Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Vijay Prakash Singh Kushwaha, learned counsel for the applicant; as well as learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Smt Santoshi Devi with a prayer to release her on bail in Case Crime No. -200 of 2017, under Sections -363, 366, 120-B, 368 I.P.C., Police Station - Nidhauli Kalan, District - Etah, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction to force marriage and other offences, punishable with imprisonment of ten years;
(ii) against FIR lodged on 21.06.2017, the applicant is in confinement since 04.10.2019;
(iii) the applicant has no criminal history;
(iv) learned counsel for the applicant states that chargesheet has already been submitted;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted that the applicant had no concern with the disappearance of the victim girl Shivani. Though, the applicant had also been named in the FIR, however, the witness of fact appeared to have named Avanish alongwith the applicant and others;
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 S.Chaurasia