This bail application was allowed. The court released the applicant on bail without expressing an opinion on the merits, subject to conditions preventing tampering with evidence and committing further crimes.
The applicant released on bail with two sureties, conditioned to not tamper with evidence and abide by standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47929 of 2018
Applicant :- Pooja Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Applicant- Pooja Devi seeks bail in Case Crime No. 41 of 2018, under Sections 363,366,376(2) JHA , 506 IPC and section 3/4 POCSO Act , Police Station Mohabbatpur Painsa, District Kaushambi.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. Argument of learned Counsel for the applicant is that no case is made out against her as per the version of the first information report. The only allegation levelled against her is that she introduced accused Akhilesh Yadav to the victim two months prior to this incident, she had talked through the applicant -Pooja Devi and on the date of incident also, the applicant had telephonic conversation with the victim and the accused-Akhilesh Yadav. The case of co-accused namely Akhilesh Yadav is distinguishable from the case of applicant. Lastly, it has been submitted that the applicant is in jail since 20.10.2018 having no other criminal history to her credit.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime 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 with the following conditions that :-
Order Date :- 21.12.2018 Shahid
1 issue framed by the court
Whether the applicant is entitled to bail upon furnishing a personal bond and two sureties.
Pooja Devi
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
