Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33371 of 2019 Applicant :- Seema Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Manoj Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Seema with a prayer to enlarge her on bail in Case Crime No. 78 of 2019, under Sections 323, 328, 363, 376-D and 120-B I.P.C., Police Station Nagina, District Bijnor.
The first information report has been lodged by the informant Smt. Kusum on 08.03.2019 alleging that the accused-applicant is the wife of her elder brother-in-law and the other co-accused persons are her elder brother-in-law namely Raja and his father namely Rajendra. It is alleged in the first information report that the accused-applicant took her daughter for some training under Prime Minister Employment Scheme, where she administered some intoxicant substance in the tea of her daughter due to which she became fainted. The elder sister of the victim was sleeping in the same room from where the victim was taken by the accused-applicant for training. When the elder sister of the victim awakened, she did not find her sister in the room. The whole family started searching the victim. In the process of searching, they got information that the victim was seen with the accused persons. Subsequently, she was recovered by the police at Haridwar. Then the victim has stated that rape was committed on her by the co-accused-Raja and Rajendra.
Learned counsel for the applicant has submitted that the accused-applicant is a lady and rape, if any, was committed by the co-accused persons. She has been falsely implicated in the present case due to property dispute between both the parties. She has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 16.03.2019, hence, she is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail and has submitted that that the charge sheet against the accused persons has already been filed by the police after investigation under the aforesaid sections but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless her personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.8.2019 sailesh