Kamla Ram and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47867 of 2023 Applicant :- Kamla Ram And Another Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Awadhesh Kumar Malviya, learned counsel for the applicants, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicants seek bail in Case Crime No.81 of 2023, under Sections 363, 366 and 120-B IPC, Police Station-Jakhaniya, District-Ghazipur, during the pendency of trial.

¶4As per prosecution story, the applicants are stated to be the parents of the main accused person Arun Ram, who is stated to have enticed away the minor daughter of the informant on

18.03.2023 at about 1:00 p.m. when she had gone out to graze animals.

¶5Learned counsel for the applicants has stated that the applicants are bona fide persons and have been falsely implicated in the present case owing to their relationship with the main accused person Arun Ram with whom the victim has herself gone away. The applicants have no whereabouts of their son or the daughter of the informant. Learned counsel has further stated that the applicants and the informant live in one and the same village. Out of the said stigma, which carries with such kind of marriage, the applicants have been made accused. The investigation is going on. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. It is further stated that there are no criminal history of the applicants. The applicants are languishing in jail since 29.08.2023. In case, the applicants are released on bail, they will not misuse the liberty of bail. In case, the applicants are released on bail, they will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

¶8Let the applicants-Kamla Ram and Meera Devi, who are involved in aforementioned case crime be released on bail on their 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.

(i) The applicants shall not tamper with evidence.

(ii) The applicants 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 applicants 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 them in accordance with law.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. Order Date :- 08.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad