In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28101 of 2017 Applicant :- Smt. Seema Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Yadav,Ashutosh Prasad Shukla,Syed Wajid Ali Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard Sri S.K.Yadav and Sri A.P.Shukla, learned counsel for the applicant, Sri Santosh Kumar Singh, learned counsel for the complainant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant contended that the applicant is woman aged about 45 years old. She has falsely been implicated in this case due to ulterior motive.
He further contended that the victims got married with Paremveer and Hemendra respectively. The statement of the victims under Section 164 Cr.P.C. was recorded after more than one year.
He contended that co-accused Hemendra, Raja @ Galib, Dharmpal, Nem Chandra @ Chhotey have already been enlarged on bail by other Bench of this Court.
Lastly he submitted that the applicant is in custody since 02.06.2017 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, learned counsel for the complainant and learned A.G.A opposed the prayer for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Smt. Seema involved in Case Crime No.472 of 2015, under Sections 363,366, 366-A and 365 IPC and Section 4 of Prevention of Children From Sexual Offence Act, P.S. Hafizganj, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
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.
4. The applicant shall not commit any offence similar to the offence of which he is accused, or suspected of the commission, of which he 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 23.3.2018 Asha