HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15629 of 2015 Applicant :- Smt. Marufa Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Mohd. Afzal, learned counsel for the applicant, Sri Indrajeet Singh Yadav, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It has been further submitted that the applicant is the daughter-in-law of the informant who is also the deponent of the present case and under some misunderstanding lodge the FIR against the applicant and co-accused Irfan who is said to have committed rape upon the prosecutrix who is the daughter of the deponent of the present case. The victim has delivered a child in jail. Only allegation against her is that she has facilitated the co-accused Irfan in handing over the prosecutrix to him. The applicant is in jail since 12.8.2014.
Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Smt. Marufa, involved in Case Crime No.140 of 2014, u/s 376, 120-B IPC and 3/4 POCSO Act, P.S. Niwari, district Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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.
The case of the applicant is distinguishable from the case of co-accused Irfan.
Order Date :- 7.5.2015 Gaurav