Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24341 of 2019 Applicant :- Viramaa Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Tiwari 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 entire record.
The present bail application has been filed by the applicant in Case Crime No. 284 of 2018 under Sections 363, 366 IPC, Police Station Dhanari, District Sambhal (Bheem Nagar) with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case; that she has no role in the alleged kidnapping of the prosecutrix; that in her statement under Section 161 Cr.P.S the prosecutrix has stated that no one has kidnapped her and she has left her home as she was scolded by her father. It has been further submitted that in her statement under Section 164 Cr.P.C., the prosecutrix has alleged that she was taken away by the applicant accused on the pretext of going to latrine, but that statement of prosecutrix is not reliable. It has been further argued that as per medical examination report her age is 17 years and that even as per the First Information Report, mere allegation against the applicant is that she has facilitated the prosecutrix to have talk over phone with the other co-accused. Lastly, it has been submitted that the applicant is an unmarried girl and she is languishing in jail since 24.04.2019 having no previous criminal history. It is also submitted that in case the applicant is enlarged on bail, she will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Viramaa involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 14.6.2019 LBY