Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16515 of 2019 Applicant :- Sarita Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. Notice issued to opposite party no. 2 is served but none is present.
It is submitted by learned counsel for the applicant that the offence under Section 376-D IPC is not attracted against her. No specific role has been assigned to the applicant in the statement recorded under Section 161 and 164 Cr.PC. to implicate the present applicant for the offence under Section 376 IPC. At this juncture learned counsel for the applicant referred to the statement of the victim recorded under Section 161 and 164 Cr.P.C. and also placed reliance on the judgments of the Hon'ble Apex Court in Priya Patel Vs. State of M. P. and another (2006) 6 SCC 263 and State of Rajasthan Vs. Hemraj and another (2009) 12 SCC 403 and further argued that applicant is in jail since 3.5.2018 having no criminal history. In case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused 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 Sarita Devi involved in Case Crime No. 78 of 2018, under Sections 363, 376-D, 342, 120-B I.P.C. and Section 5/6 POCSO Act, P.S. Pipiganj, District Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which she is suspected.
5. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019 Sachdeva