Hon'ble Subhash Vidyarthi, J., granted bail to the applicant, Seema Devi, in a case involving kidnapping and criminal conspiracy, finding sufficient grounds for her release on personal bond with sureties.
Release of applicant on personal bond and two sureties, each in the like amount including at least one local surety.
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. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18459 of 2022
Applicant :- Seema Devi Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Navnath Pandey, Advocate holding brief of Sri Gaurav Kumar Singh, the learned counsel for the applicant, Sri Dinesh Kumar, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge her on bail in Case Crime No. 54 of 2022, under Sections- 363, 311, 368, 109, 120-B IPC, Police Station - Sewrahi, District Kushinagar during pendency of the trial before the court below.
On 13.03.2022 at about 20:29 hours, the informant Khushboo Devi had lodged a first information report alleging that one daughter of Manager Miya, whose name was not known to informant and another identified woman had taken away her two months' old son. Neither the F.I.R. mentioned any date or time of the incident nor is the same mentioned against entries 3 (a) (1) of the format of the F.I.R., which require mentioning of day, date and time of the occurrence. It has specifically been mentioned in the affidavit filed in support of the bail application that the applicant is innocent and no allegations have been leveled against her in the F.I.R. The applicant's name has surfaced during investigation in the statement of one Meena Khatun, who had leveled certain allegations against the applicant and her husband.
The learned counsel for the applicant has submitted that the child has been recovered and he has not been recovered from the applicant. He has also submitted that Meena Khatun had leveled allegations against the applicant as well as her husband Rakesh Jaiswal whereas the applicant's husband is residing out of country in connection with his private job. The entire allegations made by Meena Khatun are false. It is further submitted that there is no other criminal history of the applicant except the present case. The applicant is in jail since 14.03.2022.
The learned counsel for the applicant has further submitted that the co-accused namely Munni Khatun and Rajan Tiwari have already been enlarged on bail by this Court vide orders dated 05.07.2022 and 07.07.2022 passed in Criminal Misc. Bail Application Nos. 26005 of 2021 and 24724 of 2022 respectively.
Per contra, the learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. He has submitted that there are serious allegations against the applicant. However, he could not dispute the fact that the coaccused have been granted bail by this Court.
Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial.
Let the applicant- Seema Devi be released on bail in Case Crime No. 54 of 2022, under Sections- 363, 311, 368, 109, 120B IPC on furnishing a personal bond and two sureties each in the like amount including at least one local surety to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.7.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.07.13 18:34:47 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant satisfied the conditions for release on bail pending trial.
Seema Devi
Subhash Vidyarthi
Ashish Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
