Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40425 of 2019 Applicant :- Vimla Devi And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants, Sri Mohammad Faizal Khan, Advocate holding brief of Sri Mohd. Nadeem, learned counsel for informant and learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicants that applicants have been falsely implicated in the present case. Contention is that applicant no. 1 happens to be mother of the boy, applicant no. 2 is father of the boy and applicant no. 3 is unmarried sister of the boy against whom allegations have been made regarding uploading of some photograph on internet The contention is that even if the entire prosecution story is believed to be true in toto the allegation is against co-accused Sachin. It is next submitted that applicants are harassing unnecessarily solely on the ground that informant happens to be the Ardali of District Magistrate as mentioned in paragraph 14 of the bail application. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants, Vimla Devi, Pramod Kashyap and Neha involved in Case Crime No. 386 of 2019 under Section 507I.P.C. and Section 66 of the Information Technology Act, Police Station Kotwali, District Kannauj, they shall be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned court;
(ii) the applicants shall make himself available for interrogation by a police officer as and when required;
iii) the applicants 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;
(iv) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. Concerned.
In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 27.9.2019 Ujjawal