Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15816 of 2018 Applicant :- Soni Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel for the applicant is that the applicant is the sister of the co-accused Gujjar, who is said to have enticed away the victim and the applicant is said to have co-operated in this process. Further submission is that actually the victim was carrying love affair with her brother and she had gone along with the co-accused Gujjar on her violition and the applicant has been implicated simply out of vengeance. Counsel has also drawn the attention of the Court to the bail order passed with regard to co-accused Rani by another Bench of this Court on 18.4.2018 in Criminal Misc. Bail Application No. 14271 of 2018. Submission is that the case of the accused is not on worse footing than that of the co-accused who has already been released on bail, and therefore, on principles of parity also the accused should be released on bail. Several submissions assailing the truthfulness of the allegations levelled against the accused have been placed forth by the counsel for the applicant. It has also been pointed out that the accused is not having any criminal history and she is in jail since 18.2.2018 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. has opposed the prayer for bail but has not disputed the fact of parity as has been claimed on behalf of the applicant with that of the co-accused who has already been released on 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 bail order passed in favour of co-accused, 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- Soni, involved in Case Crime No. 125 of 2018, u/ss. 363, 366, 376, 504, 506 I.P.C.& 3/4 Protection of Children from Sexual Offences Act, 2012, P.S.- Shamli, District- Shamli, 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 :- 30.4.2018 Naresh