Allahabad High Court
Rita Devi vs State Of U.P. on 10 November, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38128 of 2020 Applicant :- Rita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard Sri Prem Chandra, counsel for the applicant and learned A.G.A for the State.
There is allegation regarding abduction of minor girl in the FIR. Counsel for the applicant has submitted that the applicant is a woman. She was not named in the FIR nor in the statement of the victim under Section 161 Cr.P.C. However in her statement under Section 164 Cr.P.C she has alleged that the applicant got her sit on the motorcycle of co-accused persons, namely, Dharmendra and Manoj. There is noother allegationagainst the applicant. Counsel for theapplicant hassubmittedthat the applicant has been falsely implicated in this case. She is in jail since 17.08.2020 and has no criminal history to her credit.
Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the 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- Rita Devi, in Case Crime No. 67 of 2020, under Sections- 363, 366 IPC and Section 7/8 of POCSO Act, Police Station- Saraikhwaja, District- Jaunpur, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court her bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.11.2020 Rohit