Rama Devi v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49351 of 2023 Applicant :- Rama Devi Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Krishna Mani Gupta, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 302 of 2019, under Sections 120B, 506, 366, 376D IPC, Police Station Manda, District Allahabad during pendency of the trial.

¶3FIR of the present case was lodged against applicant and eight others and according to the FIR applicant along with other accused persons abducted the daughter of the informant aged about 16 years and after abduction co-accused Sandeep, Sunil, Kamlesh and Arvind committed rape with her.

¶4Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and only being mother of co-accused Kamlesh she has been made accused in the present matter.

¶5He further submits that allegation of rape was against co-accused Sandeep, Sunil, Kamlesh and Arvind and co-accused Sandeep, Kamlesh and Arvind Kumar have already been enlarged on bail and their bail orders have been appended along with instant bail application.

¶6He further submits that applicant is a lady and in the present matter she is in jail since 17.10.2023.

¶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 is lady and allegation of rape was against four accused persons and out of them three accused persons have already been enlarged on bail, 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 -Rama Devi 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 her 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 :- 21.11.2023 AK Pandey High Court of Judicature at Allahabad High Court of Judicature at Allahabad