Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37588 of 2017 Applicant :- Shital Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Vinay Saran Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri A.K. Singh, learned A.G.A. for the State.
The present second bail application has been filed by the applicant in case crime No. 250/2015, S.T. No. 179/2016, under Section 302 IPC police station Kotwali District Aligarh with the prayer to enlarge her on bail. The first bail application was rejected by this Court vide order dated 6.1.2017.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant is a girl and she has been falsely implicated in the present case due to ulterior motive; the girl is aged about 15 years at the time of the alleged incident; subsequent to the rejection of the first bail application, the mother of the girl has been examined as PW-1 before the trial court and she has not supported the case of the prosecution and she has been declared as hostile; PW-2 and PW-3 have also not supported the case of the prosecution and they have also been declared as hostile, copies of which have been produced and the same are taken on record; the applicant has no previous criminal history and she is in jail since 6.3.2016 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and submitted that the investigation is now complete and a chargesheet has already been submitted. No Investigation is now left.
It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Shital Devi involved in the aforesaid crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of 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 an 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 would be open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 27.8.2018 Anand/Ram Chandra