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Allahabad High Court · body

2014 DIGILAW 39 (ALL)

Roshni @ Roshan v. State of U. P.

2014-01-06

SURENDRA SINGH

body2014
JUDGMENT Surendra Singh, J: - Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record. 2. It is argued by the learned counsel for the applicant that the applicant is a lady. She is wholly innocent and has been falsely implicated in the present case. The victim, according to the medical opinion, was aged about 18 years. The statement of the victim recorded under Section 164 Cr.P.C. cannot be accepted on the face of it is very unnatural and against human conduct. However, the version given by the prosecutrix is unsupported by the medical evidence and the surrounding circumstances belie the case set up by the prosecution. More so there is no allegation of rape against the applicant, therefore, the case of the applicant is distinguishable from the case of co-accused persons namely, Atiq and Irfan. Thus the applicant, being in jail since 3.7.2013, having no criminal history to her credit and there being scanty chances of her fleeing away from the judicial process or tampering the prosecution witnesses, she deserves to be released on bail. 3. The bail is, however, opposed by the learned A.G.A. 4. The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. 5. Considering totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail. 6. Without expressing any opinion on the merits of the case, let the applicant Smt. Roshni @ Roshan "B" involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: - 1. The applicant will not tamper with the evidence during the trial. 2. She will not pressurise/ intimidate the prosecution witness. 3. She will appear before the trial court on the date fixed. 4. In case of breach of any of the above conditions, the prosecution would be at liberty to move application for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.