Allowed

Neha @ Sadhna Singh Nurse v. State of U.P. through Secretary Home

Allahabad HC8 Dec 2022BAIL/41573/2022

Case brief

AI extract

What is this about?

A Single Judge allowed a bail application filed by Neha @ Sadhna Singh Nurse charged with kidnapping and selling children. The court granted bail subject to personal bond and conditions regarding attendance and avoiding adjournments during evidence collection.

What did the court decide?

Released on bail with personal bond and two local sureties, subject to conditions on attendance and avoiding adjournments.

Neha @ Sadhna Singh Nurse Vs State of U.P. through… — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41573 of 2022

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Applicant :- Neha @ Sadhna Singh Nurse Opposite Party :- State Of U.P. Through Secretary Home Counsel for Applicant :- Archana Agrawal,Mazhar Shakeel Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The present bail application has been filed by the applicant- Neha @ Sadhna Singh Nurse with a prayer to enlarge her on bail in Case Crime No. 282 of 2022, under Sections 363, 370(5), 311, 120-B, 420, 467, 468, 471 I.P.C., Police Station- Gandhi Park, District- Aligarh, during the pendency of the trial.

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Prosecution case in brief is that the aforesaid case has been registered on the basis of an FIR lodged on 25.04.2022 by the informant against the applicant and three named persons, alleging that he has came to know that all the named accused persons had formed a gang and they kidnap neonatal babies and sell them to issue-less persons. He alleged that co-accused persons Poonam and Pramod Kumar have purchased a child from the applicant for Rs. 3,00,000/-.

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It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. He further submits that only being a nurse of a hospital the applicant has been falsely dragged in the present case. It is further submitted that nothing has been recovered either from the possession of the applicant or her pointing out. It is also submitted that the applicant neither abducted to any children nor involved in such type of criminal activity. It is further submitted that co-accused Abhishek, Pramod, Babloo, Poonam and Vimla Devi @ Vimlesh have already been enlarged on bail vide orders dated 17.08.2022, 29.06.2022, 11.07.2022, 30.06.2022 and 18.10.2022 passed in Criminal Misc. Bail Application Nos. 32191 of 2022, 26604 of 2022, 28060 of 2022, 27101 of 2022 and 38269 of 2022 respectively and the applicant is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the criminal history of the applicant has been explained in para- 29 of the affidavit filed in support of bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 22.04.2022.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged by the learned counsel for the applicant.

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Considering the nature of the offence, provision for initiation of cases and

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release of the accused, material/evidence brought on record, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

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(iii) 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.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 8.12.2022

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SK Srivastava

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Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.12.12 12:00:49 IST Reason: Location: High Court of Judicature at Allahabad

Neha @ Sadhna Singh Nurse v. State of U.P. through Secretary Home

Case brief

What is this about?

What did the court decide?

Neha @ Sadhna Singh Nurse v. State of U.P. through Secretary Home

Case brief

What is this about?

What did the court decide?

What the court decided

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