Allowed

Sheela Singh v. State of U.P. and 3 Others

Allahabad HC13 Apr 2023BAIL/5398/2023

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court of Judicature at Allahabad considered the plea of the applicant, Sheela Singh, for release on bail pending trial in a case involving sexual offences and POCSO charges. The court observed a lack of tampering material despite victim inconsistencies.

What did the court decide?

The applicant Sheela Singh to be released on bail on furnishing a personal bond and two sureties.

Sheela Singh Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5398 of 2023

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Applicant :- Sheela Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brijesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard Sri Brijesh Kumar Singh, learned counsel for the applicant, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sheela Singh, seeking enlargement on bail during trial in connection with Case Crime No. 248 of 2022, under Section 3/5/6 of the Immoral Traffic (Prevention) Act and section 376-D IPC, section 5/6 POCSO Act P.S. Phephna, District Ballia.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. In the present case the victim Rukaiya Khatoon has been present but denied for her medical examination but in the medical examination of the second victim no spermatozoa was found in the vaginal smear. Both the victims have not supported the story of prostitution as recorded in their statements recorded under section 164 Cr.P.C. No sexual assault has been found on the body of both the victims. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 18.10.2022 having no criminal history, therefore, she may be enlarged on bail.

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Per contra, learned AGA as well as learned counsel for the informant have opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Sheela Singh, be released on bail in the aforesaid case crime number on 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:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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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.

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(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on 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 and the trial court may proceed against her under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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.

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The bail application is allowed .

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Order Date :- 13.4.2023

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RPD

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Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad

Sheela Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sheela Singh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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