Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34902 of 2018 Applicant :- Seema Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Arvind Singh Sengar, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Seema Devi in Case Crime No.0932 of 2017, under Sections 342, 376(D), 120-B, 506 I.P.C. and 5(g)/6 of The Protection of Children From Sexual Offences Act, Police Station Reoti, District-Ballia with the prayer to enlarge her on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case as she is the mother of main accused, Raju Soni against whom the victim has levelled allegations of rape. The prosecutrix in her statement recorded under Section 164 Cr.P.C. has stated that the applicant had assisted in the act of performing marriage of her son with the victim. It is further argued that the case of the applicant is distinguishable from that of main accused, Raju Soni. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 09.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has 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 advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Seema Devi 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.
Order Date :- 17.9.2018 MN/-