Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8648 of 2019 Applicant :- Sazia Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,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 as per the prosecution version on 29.9.2018, the minor daughter of the informant who studied up to class 6th stays at home. The neighbours namely Shahjhan, Sazia and Kamil who were indulged in illegal activities and used to keep evil eyes on his daughter. On 27.8.2018 when he was out of his home in connection with some work, at about 6.30.p.m. The accused Dilshad, Riyaz, Kamil and Sazia hatched conspiracy and mixed some intoxicating substance in the samosa and the accused Dilshad and another, took his daughter to their village Rahmapur on motorcycle. It is further alleged that they confined his daughter for two days in their house and sexually harassed her several times. When the complainant insisted them to send back his daughter, the accused Dilshad had left his daughter near the roadways bus-stand, thus it is submitted that the alleged incident was occurred on 27.8.2018 but the first information report was lodged on 29.2.2018 in which the applicant has been falsely implicated with an oblique motive. It is further submitted that the statement of the victim was recorded under section 164 Cr.P.C. and she was also medically examined. The victim is about 19 years; in her medical examination, no mark of injury was found on her body. The accused applicant is female and she has been falsely implicated. The applicant has no criminal history. The applicant is languishing in jail since 19.11.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sazia be released on bail in Case Crime No.721 of 2018, under Sections 376, 342, 328, 120-B IPC, P.S.-Chandpur, District-Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2019 Harshita