Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36002 of 2021 Applicant :- Tarmeem Opposite Party :- State of U.P.
Counsel for Applicant :- Satish Kumar Tyagi,Ram Kesh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and she has not committed any offence. The alleged incident has been shown of 11.05.2021 and the first information report was lodged on 14.05.2021. There is no eye-witness of alleged incident and that the child of informant has been recovered from one Alok Agnihotri, who has inter alia stated that he has adopted the said child through online. It has been submitted that except disclosure statement made to police, there is no evidence against her. It was submitted that applicant and nine other co-accused persons were arrested by the police on the basis of information received from informer. The victim child has already been recovered. It has been further submitted that there is no credible evidence against the applicant to show her involvement. The similarly placed co-accused Monika, Saroj, Rubina and Jyoti have already been granted bail by co-ordinate Bench of this Court, copies of which have been brought on record. Lastly, it was submitted that the applicant languishing in jail since 23.05.2021, having no criminal history and that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that role of applicant was shown in stealing the newly born child of first informant, however, it could not be disputed that except disclosure statement, no other evidence has been shown against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Tarmeem involved in Case Crime No. 605 of 2021, under Sections 363, 328, 365, 370 and 411 IPC, P.S. Loni, District Ghaziabad, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.10.2021 A. Tripathi