Allahabad High Court
Smt. Kusum Devi And Another vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30897 of 2019
Applicant :- Smt. Kusum Devi And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Prasad Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashutosh Prasad Shukla, learned counsel for the applicants, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Smt. Kusum Devi And Rajveer with a prayer to release them on bail in Case Crime No. 29 of 2019, under Sections 363, 366, 120B I.P.C., Police Station- Bhamaura, District- Bareilly, during pendency of trial.
It is argued by the learned counsel for the applicants that as per the allegations made in the F.I.R., the daughter of the informant was enticed away by the applicants on 21.02.2019, at about 12:00 p.m. As per the medical report, she is 15 year old girl. The victim has been recovered safely, after which her custody was given to her parents. Her statement has been recorded under Section 164 Cr.P.C, in which, she has not stated anything serious against the applicant. She has also stated that she is 18 year old and the accused persons are their uncle and aunt and on 21st February, 2019, she had left her house out of her own free will and gone to Delhi, where, she met with one Pramod, who is visitor in the house of the accused persons. It is impossible to believe that a grown up girl can be taken in most crowded places against her will for such a long distance. There is no evidence that she ever protested or resisted the act of the applicants or made any complaint all this while. The victim was forced to give some incriminating statements against the applicants under coercive pressures. From bare perusal of the entire evidence on record, no offence is made out against the applicants. The applicants are languishing in jail since 29.05.2019. The applicants have no criminal history except in the present case. In case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicants involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
1. The applicants will not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants will cooperate in the trial sincerely without seeking any adjournment.
3. The applicants will not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 1.8.2019
Priya
