Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23158 of 2019 Applicant :- Smt. Siya Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Sri Alok Singh, Advocate has filed his vakalatnama on behalf of complainant which is taken on record.
Heard learned counsel for the applicant, learned A.G.A.and learned counsel for the complainant.
Perused the record.
Submission of learned counsel for the applicant is that from perusal of the statement of the victim girl recorded under Section 164 Cr.P.C. it is not difficult to infer that she was carrying affair with the son of the applicant and with the purpose of having marriage both of them had eloped together and stayed for a quite few days away from their home. The allegation made against the applicant as per the statement of the victim was that she administered some intoxicant in the food which the victim used to consume and which eventually used to result in some unhealthy relationship of the victim with the co- accused Pushpendra son of the applicant. Further submission is that such kind of allegation appears to be highly improbable and exaggerated and it is also not difficult to see that the marriage of the son of the applicant could not be materialized with the victim, the present F.I.R. has been lodged by the complainant against the applicant just in order to wreak vengeance. In such circumstances, the applicant being a woman and having been assigned the only collateral role, a prima facie case for bail is made out in favour of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It has also been pointed out that the accused is not having any criminal history and s he is in jail since 3.5.2019 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Smt. Siya Devi involved in Case Crime No. 1171 of 2018, u/ss 363, 366, 376, 313, 120-B, 328 IPC and Section 4 of Protection of Children from Sexual Offences Act, P.S.- Kotwali Nagar, District- Etah be released on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and her personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 3.6.2019 CPP/-