Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The independent witness namely Ram Naresh in his statement has clearly stated that it is the informant who took the victim Raja to majar with her and after visiting the majar the boy went with the informant. It is thus submitted that the story framed by the informant is falsified by this statement as according to to the statement of the informant recorded under Section 161 Cr.P.C. she was at home for the whole day. It is further submitted that none of the independent witnesses have taken name of the applicant. There is no evidence of last seen against the applicant. The applicant is a widow married lady having four minor children. The applicant is languishing in jail since 11.10.2020 without having any previous criminal antecedents.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, for the period for which she is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Sundara Lodh, involved in Case Crime/F.I.R. No. 0249/2020, under Section 364 IPC, Police Station - Bihar, District - Unnao, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 17.2.2021 R.C.