Heard Sri Sushil Kumar, learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 28 of 2018, under Sections - 363, 366 IPC and 16/17 POCSO Act 2012, Police Station - Churkhi, District - Jalaun, during pendency of trial.
In the affidavit accompanying the present bail application, it has been stated that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next stated that as per allegations made in the first information report lodged by Sanjay Singh on 2nd July, 2018 at 17:38 hours, on 16th June, 2018 at 5:00 a.m. (morning), his niece, who were staying at her maternal uncle's place for study, went for nature's call but she did not return. The first informant and other family members made every effort to search her but she could not be traced out because of which the first information report has been lodged. In the statements of the first informant (maternal uncle of the victim), his wife (maternal aunt of the victim) and his mother (maternal grand-mother of the victim) recorded under Section 161 Cr.P.C. on 2nd July, 2018, the version of the first information report has been reiterated. However, on 23rd September, 2018, an application has been made by the first informant to the concerned Station House Officer stating therein that during search of the victim, he came to know that the victim was enticed away by Pramod in collusion with his father Shyam Baboo, mother present applicant Shivkanti and his younger brother Anil. In restatement recorded under Section 161 Cr.P.C. on the same date i.e. 23rd September, 2018, the first informant has reiterated the same as unfolded in his application dated 23rd September, 2018. In the statement recorded under Section 161 Cr.P.C. the father of the victim has stated the fact regarding missing of the victim, he made every effort to search the victim and during search he came to know that the victim was kidnapped by Pramod in collusion with his father, mother, younger brother of the applicant and his relatives. In the statements of the independent witness namely, Pradeep Yadav recorded under Section 161 Cr.P.C. on 2nd December, 2018, it has been stated that he saw that on 16th June, 2018 at 5:00 a.m. the victim was enticed away by Pramod in the presence of his father, mother and younger brother by a tempo, which was being driven by applicant. Two other independent witnesses, namely, Ram Kumar and Shyam Sundar in their statements recorded under Section 161 Cr.P.C. have also reiterated the same version as stated by another independent witness, namely, Pradeep Yadav. It is next stated that co-accused Shyam Baboo Yadav and Anil having identical role to the applicant, have been enlarged on bail by a co-ordinate Bench of this Court vide orders dated 28.11.2019 and 27.4.2020 passed in Crl. Misc. Bail Application No.52610 of 2019 and 6564 of 2020. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, she is enlarged on bail, she shall not misuse the liberty of bail and she is languishing in jail since 30.07.2020. Accordingly, she requests for bail.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Shivkanti Devi @ Kanti Devi who is involved in the aforesaid case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 19.2.2021 Vikram