Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7820 of 2018 Applicant :- Sunayana Opposite Party :- State Of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four accused persons including the applicant, namely, Vinod, Kiran Devi, Mahesh Chandra and one unknown person alleging that 20.09.2017 they kidnapped the daughter of complainant Mahraj Singh and compelled her for marriage; the prosecutrix left the house with some golden and silver ornaments.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the applicant is a lady; she is not named in the F.I.R; the prosecutrix is major aged about 20 years; she has no concerned with the said incident; in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial; she is in jail since 31.01.2018 having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 the applicant Sunayana involved in the Case Crime No. 312 of 2017, under Sections 363, 366,120B I.P.C., P.S. Saifai, District Etawah be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 27.2.2018 A. Tripathi