Allahabad High Court
Sanju Devi vs State Of U.P. on 24 November, 2015
Bench: Bala Krishna Narayana
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- BAIL No. - 10654 of 2015
Applicant :- Sanju Devi
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Pandey,Shesh Mani Tripathi
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in case crime no. 30 of 2015, under sections 363, 366, 376(Gha), 323, 504, 506 I.P.C., section 4/5 The Protection of Children From Sexual Offences Act, 2012 and section 4/5 of the Immoral Traffic in Women and Girls Act, 1956, P.S. Manikpur, district-Pratapgarh, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the occurrence has taken place on 11.01.2015. The F.I.R. was lodged after a delay of two months without any explanation. Further submission on behalf of the applicant is that the only allegation against the applicant is that she along with co-accused Sanju Devi @ Priya took the prosecutrix, Priti Devi to Chandigarh. He further submitted that the applicant is a lady and no offence under Section 376-D I.P.C. is made out against her. It has also been submitted that the prosecutrix lived with the main accused Pankaj Singh for about two months at Chandigarh and hence she appears to be a consenting party. The allegation of rape is not corroborated by her medical report. He next submitted that co-accused Phoolan Devi against whom also the allegation of assisting the main accused Pankaj along with the applicant in the elopement of the prosecutrix has been made has been granted bail by this Court by order dated 14.09.2015 which was produced by the learned counsel for the applicant before the Court at the time of hearing of this bail application.
He lastly submitted that the applicant who has no criminal antecedent to her credit and is in jail since 18.3.2015 is entitled to be enlarged on bail during the pendency of trial.
Per contra learned AGAopposedd the prayer for bail.
Considering the submissions made by learned counsel for the applicant as well as learned AGA and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.
In view of the above, let the applicant- Sanju Devi be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in case crime no. 30 of 2015, under sections 363, 366, 376(Gha), 323, 504, 506 I.P.C., section 4/5 The Protection of Children From Sexual Offences Act, 2012 and section 4/5 of the Immoral Traffic in Women and Girls Act, 1956, P.S. Manikpur, district-Pratapgarh with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her;
(b) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 24.11.2015
Faridul
