Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The accused Smt. Gudda @ Sudama, W/o Kishun, R/o Village Kurwari, P.S. Kotwali Dehat, District Bahraich is involved and detained in case crime no. 1062/09 under Sections 363, 366 IPC, from P.S. Kotwali Dehat, District Bahraich and she has applied for bail.
The submission of learned counsel for the applicant is that as per version of First Information Report, the main accused is said to be Prithavi who is said to have kidnapped the prosecutrix. The accused applicant along others is said to have helped the main accused for kidnapping the prosecutrix. Learned counsel further submits that although no accused who is said to have aided the main accused in abduction of the prosecutrix has been ordered to be released on bail but accused applicant is a lady who has got four issues. The youngest issue is male child who is aged about one and half month. The husband of the accused too is in jail in this case. Keeping in view of this fact, the accused deserves to be released on bail.
Learned A.G.A. opposed the bail application and argued that the the present accused has played the main role to help the co-accused in kidnapping the prosecutrix. The prosecutrix has not yet been recovered. Although the applicant is a lady but keeping in view of her role and the nature of offence, she does not deserves to be released on bail.
Considered the submissions of learned counsel for the applicant and learned A.G.A. for the State. Keeping in view the totality of the facts and circumstances of the case as well as the fact the accused is a lady and mother of four issues whose youngest child is aged about one and half year, therefore, without expressing any opinion on the merit of the case, the accused may be released on bail.
Let the applicant Smt. Gudda @ Sudama be released on bail in the aforesaid case crime number on her furnishing a personal bond of two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 24.6.2010 Santosh/-