Rekha v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26946 of 2023 Applicant :- Rekha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhiraj Kumar Pandey,Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Pradeep Kumar, learned AGA for the State apprised the Court that notice has been served upon the informant on

08.06.2023. Despite service of notice, none present on behalf of the informant.

¶2Heard Sri Anil Mishra, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State.

¶3The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 222 of 2023, under Sections 363, 366, 368, 376, 372, 120B IPC and Section 3/17 POCSO Act, Police Station Behat, District Saharanpur during pendency of the trial.

¶4FIR of the present case was lodged against four persons (non applicant) and according to the FIR daughter of the informant aged about 15-16 years has been enticed away by the nominated accused Pooja and Monti and they have sold her to co-accused Ankush and Ashok.

¶5Learned counsel for the applicant submitted that applicant was neither named in the FIR nor in the statement of the victim recorded under Section 161 Cr.P.C and first time her complicity was revealed through the statement of victim recorded under Section 164 Cr.P.C.

¶6He further submits that even as per the statement only allegation against the applicant is that co-accused Pooja has taken the daughter of the informant to the house of the applicant. He further submits that there is no allegation that rape was committed in the house of applicant. He further submits that applicant is lady and co-accused Pooja, who has taken the daughter of the informant, has already been released on bail by this Court vide order dated 17.07.2023 passed in Criminal Misc. Bail Application No. 28803 of 2023 and case of applicant is at par with her. He further submits that applicant is not having any criminal history and in the present matter she is in jail since 16.05.2023 i.e. for more than five months.

¶7Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶8I have heard learned counsel for the parties and perused the record of the case.

¶9Considering the fact that applicant was not named in the FIR and first time her name was surfaced through the statement of victim recorded under Section 164 Cr.P.C. and only allegation against her is that co-accused Pooja has taken the victim at her house and co-accused Pooja has already been released on bail and applicant is lady, in my view, applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant -Rekha be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) 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 him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶12In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶13It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.11.2023 AK Pandey High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad