Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48727 of 2019 Applicant :- Shahzadi Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today is taken on record.
2. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant; as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Shahzadi with a prayer to release her on bail in Case Crime No. - 659 of 2019, under Sections -363, 368, 372, 344, 506 I.P.C. & Section 16/17 POCSO Act, Police Station -Deoband, District - Saharanpur, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of engaging minor children in prostitution and other offences, punishable with imprisonment of ten years;
(ii) against FIR lodged on 19.08.2019, the applicant is in confinement since 20.08.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that the applicant was herself a housewife with six children, living in a rented accommodation. The entire allegations are false. As to the age of the victim, it is claimed that according to the medical examination they were found to be about 18 years of age;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 S.Chaurasia