Allahabad High Court
Smt Leelawati Devi vs State Of U.P. And 3 Others on 11 May, 2022
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14417 of 2022
Applicant :- Smt. Leelawati Devi
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Abhishe Pandey,Raghvendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Shri Sanjay Kumar appears for the informant.
The instant bail application has been preferred with a prayer to release the applicant on bail in Case Crime No.155 of 2021 under Sections 363, 366 (A), 376 (3), 120-B IPC and 3/4 and 16/17 POCSO Act and 3 (2) (V) SC/ST Act at P.S. Maniyar, Distt. Ballia during pendency of the trial in the court below.
It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She is aged about 65 years having no criminal antecedent. The applicant is very poor having liability of six children and in her absence her children would face great difficulty and their future would be ruined. The applicant is mother of main accused-Aakash Rajbhar. The main role has been assigned on the main accused against whom chargesheet has also been submitted. The applicant is not named in the impugned FIR but she has been implicated being mother of the main-accused. She is languishing in jail since 30.01.2022.
Learned counsel for the applicant submits that as per the medical examination the victim was 17 years old. In support of his submissions, he has also placed reliance on the statement of the victim under Section 164 CrPC, wherein she has categorically stated that she joined Aakash Rajbhar (main accused) with her free will and continued to stay along with him for a considerable long period about 3-4 months. She has also married with Aakash Rajbhar with her own free will and without any coercion. She also stated that Aakash Rajbhar did not put any pressure on her.
Learned counsel for the applicant in support of his submissions has placed reliance upon the judgment of Hon'ble Apex Court dated 6.2.2018 in Criminal Appeal No.227 of 2018 (Dataram Singh v. State of U.P. & Ors.) and the order of Punjab and Haryana High Court dated 14.10.2020 in CRM-M-31988-2020 (O&M) (Kamal v. State of Haryana).
Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant-Smt. Leelawati Devi involved in aforesaid Case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5.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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 11.5.2022
SP/
