In a bail application in a POCSO case involving abducting a minor, the High Court allowed the applicant's release on bail upon furnishing bond and sureties, noting her clean record and co-accused bail parity.
Release on bail with personal bond and two sureties, subject to strict conditions regarding presence in court and conduct.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18650 of 2022
Applicant :- Renu Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No.289 of 2018, under Sections 363, 366, 376, 120B IPC & Section 3/4 & 17/18 POCSO Act, Police Station Bewar, District Mainpuri.
As per the first information report lodged by the informant his daughter had been enticed by the son of the applicant and she has not been traced out, so far. It appears that the investigation had concluded with filing of chargesheet in the matter on 19.7.2018. This chargesheet came to be challenged before this Court in Application U/s 482 No.36544 of 2018 and the proceedings of the case were stayed vide order dated 25.10.2018. It was urged before this Court that mother has absolutely no concern and that her son also is a minor with whom the daughter of the informant is stated to have fled away. The applicant, however, was arrested by relying upon the judgment of the Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd. Vs. C.B.I., reported in (2018) 16 SCC 299, and her application for grant of bail has been rejected by the POCSO court on 13.4.2022.
Learned counsel for the applicant states that no material has been collected during the course of investigation against the applicant and her son, who is said to have taken the daughter of the informant, has already been granted bail. Husband of the applicant has also been enlarged on bail by this Court in Criminal Misc. Bail Application No.30375 of 2018 with whom parity is claimed. The applicant is a lady with no criminal history and is in jail since 11.4.2022.
Although bail application is opposed by learned AGA but facts asserted on behalf of applicant are not disputed.
Having considered the respective submissions advanced;
perused the materials placed on record; considering the fact that the claim for bail is pressed on the ground of parity with the aforesaid co-accused; the applicant has no criminal history, the applicant is entitled to be released on bail, at this stage. Above observations made in the bail order shall, however, not be construed as expression of opinion, on the merits, at the stage of trial.
Let the applicant - Renu Sharma involved in aforesaid case 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, which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(v) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the present bail application is allowed.
Order Date :- 13.5.2022 Anil
Digitally signed by ANIL KUMAR PATEL Date: 2022.05.14 13:00:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused granted bail and having no criminal history.
Renu Sharma
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
