Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30499 of 2021 Applicant :- Smt. Usha Devi Opposite Party :- State of U.P.
Counsel for Applicant :- V.K.S. Somvanshi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. V.K.S. Somvanshi, learned counsel for the applicant, Mr. Sanjay Kumar Singh, learned A.G.A. for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Smt. Usha Devi, with a prayer to enlarge him on bail in Case Crime No.
589 of 2021, under Sections 363, 120-B and 506 of I.P.C., Police Station-Ghatampur, District-Kanpur Dehat, during the pendency of the trial.
As per the prosecution case, a first information report has been lodged by Bijendra Singh on 26th December, 2020 against two named accused persons including the applicant and some unknown persons under Sections 364, 376 (2), 120-B, 506 I.P.C. and Sections 3/4 POCSO Act, alleging therein that when the informant had gone to his agricultural field and his wife Kiran and daughters, namely, Rama and Pari were sleeping in the lobby of his house, at 12:00 o'clock (night), some unknown persons had forcefully taken away his daughter Rama for which a missing report has been given by him on 14th December, 2020 at Patara Chowki. It is further alleged that on 15th December, 2020 in the morning at about 07:00 a.m., one Pappu Singh Chandel along with his son, brought the daughter of informant, namely, Rama to his house. On asking by the informant, his daughter, namely, Rama has told him that in the night of 11th December, 2020, the co-accused Naresh had forcefully taken her away and confined her in his house, where, he has repeatedly committed rape upon her and the applicant had extended support in the commission of the alleged offence.
It has been argued by the learned counsel for the applicant that the applicant is innocent and due to village politics, she has been falsely implicated in the present case. As per the version of the first information report and the statement of the victim Rama recorded under Section 161 Cr.P.C., the role assigned to the applicant is only of assisting the co-accused Naresh, while he sexually assaulted the victim Rama repeatedly in his house. It is further submitted that as per the prosecution case, the victim has been forcefully taken away by the co-accused Naresh on 11th December, 2020 and the victim has been brought to her house on 15th December, 2020 but the first information report has been lodged on 26th December, 2020 i.e. after more than 15 days from the date of incident dated 11th December, 2020 for which no plausible explanation has been given, which makes the entire prosecution case doubtful. It is also submitted that due to an incident which took place between the brother of the applicant and the informant on 16th December, 2020, the name of the applicant has been dragged in the present case by lodging of the first information report on 26th December, 2020. It is also submitted that there is no direct or indirect evidence against the applicant on the basis of which it can be said that the offence under Section 363 and 120-B I.P.C. is made out against the applicant. The applicant has no criminal antecedents to her credit except the present one. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant being a married lady is in jail since 14th May, 2021.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the nature of the offence, provision for initiation of cases and release the accused, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
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.
On acceptance of bail and personal bonds, the Lower Court shall transmit photostat copies thereof to this Court for being kept on record.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self- attested by the representative of the applicant, along with a self- attested identify proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Manju Rani Chauhan, J.) Order Date :- 22.9.2021 Sushil/-