Heard learned counsel for the applicant, Sri Vijay Prakash Dwivedi, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 11.5.2019 (after 13 days of incident) against five accused persons, namely Puddan, Keshkali, Shilu, Santlal, brother-in-law of Puddan alleging that on 27.4.2019 they kidnapped the sister of complainant. Later on she was recovered and statements under Section 161 & 164 Cr.P.C. were recorded, she stated that Shelu (daughter of applicant) called prosecutrix in her marriage and other persons kidnapped her and she was wrongfully confined for two days. According to medical examination report, hymen was found present and no injuries were found on the body of prosecutrix. Prosecutrix was is aged about 16 years at the time of incident.
It is submitted by learned counsel for the applicant that applicant is old lady and on that day marriage of her daughter Shilu was solemnized, it is impossible that she had called the prosecutrix for bad act. There is no independent witness and no legal evidence against the applicant. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There are general allegations against the applicant. She is languishing in jail since 19.8.2019 (more than three months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Smt. Kesh Kumari @ Keshkali involved in Case Crime No. 174 of 2019, under Sections 328, 342, 363, 506 IPC & Section 16/17 POCSO Act, Police Station Jagatpur, District Raibareli be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.11.2019 A. Singh Court No. - 12 Case :- BAIL No. - 11366 of 2019 Applicant :- Smt. Kesh Kumari @ Keshkali Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Singh,Raghvendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the applicant submitted that according to medical examination report dated 31.5.2019 of prosecutrix, hymen was found present.
From the perusal of record, it transpires that medical of prosecutrix was conducted on 31.5.2019 by Dr. Priyanka, District Women Hospital, Raibareli.
Dr. Priyanka is directed to file her personal affidavit explaining on this issue on or before 7.12.2019.
District Magistrate and C.M.O. Raibareli are directed to ensure the compliance of order of Court.
List on 9.12.2019 as unlisted at 4.30 p.m. in Chamber.
Copy of this order be provided free of cost to Sri Vijay Prakash Dwivedi, learned A.G.A. for the State within 24 hours for compliance.
Office is directed to send a copy of this order through FAX, e-mail and speed post within two days from today to District Magistrate and C.M.O. Raibareili for necessary compliance.
Order Date :- 27.11.2019 A. Singh