Allahabad High Court
Sabana vs State Of U.P. on 17 August, 2022
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21212 of 2022 Applicant :- Sabana Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Sabana in connection with Case Crime No.132 of 2022, under Section 363 I.P.C., Police Station Kotwali Shamli, district Shamli.
The first information report of this incident was lodged by the informant against unknown accused persons. It was alleged in the first information report that on 23.03.2022 at about 5:30 p.m. her minor son, aged about 3 years had gone to Bazar Wali Gali but he did not return. It was also alleged that when the boy was searched then it was found that he was enticed away by a woman, who was wearing Burqa.
The submission of learned counsel for the applicant is that applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He submitted that applicant is widow lady and she is entitled to get benefit under the Provision of Section 437 Cr.P.C. He submitted that alleged victim was crying in the market and applicant had taken him to her house. He submitted that applicant had informed the parents of the alleged victim. He submitted that initially the F.I.R. was lodged under Section 364 I.P.C. Later on, it was converted under Section 363 I.P.C. He submitted that offence is punishable upto seven years. He submitted that applicant is languishing in jail since 24.03.2022, hence she is entitled to be released on bail and she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sabana involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 17.8.2022 R./