In a bail application, the court allowed bail to the applicant despite opposition from the State, noting that victims stated they joined voluntarily without coercion. Bail was granted subject to conditions including furnishing a bond and two sureties.
Bail granted upon furnishing a personal bond and two sureties to the satisfaction of the court concerned.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12422 of 2019
Applicant :- Chameli Opposite Party :- State Of U.P. Counsel for Applicant :- Azhar Hussain,Samir Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By the order dated 04.04.2019, learned counsel for the applicant was granted time to file supplementary affidavit annexing statement of the victim. Today a supplementary affidavit has been filed bringing on record the statements of Smt. Lakshmi and Km. Lakshmi, who are recovered by the police from the possession of the applicant. From the statement of the aforesaid victims under Section 164 Cr.P.C there is no allegation made against the applicant that she was compelling them to work with her. Both the victims have stated that they were doing job with the applicant with their consent and they have been protected by the applicant and given her shelter. The applicant is in jail since 07.12.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Chameli involved in Case Crime No.237 of 2018, under Sections 3,4,5,6,7 of Immoral Traffic (Prevention), Act and Sections 294, 342 & 366B IPC, Police Station Chatta, District- Agra 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 11.9.2019
SS
2 issues framed by the court
Whether the applicant has made out a case for bail.
Whether the applicant is required to furnish personal bond and sureties.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherRelied on¶8
Dataram Singh Vs. State of U.P. and another (2018)3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Chameli
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
