Chandrakala Sahu vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No. 310 of 2020, registered at police station Kotwali Haridwar, District Haridwar.

The present Applicant-Smt. Chandrakala Sahu is in judicial custody under Sections 365, 368, 323 read with Section 34, Section 504, Section 506 and Section 120B of the Indian Penal Code, 1860.

According to the prosecution’s case, the prosecutrix went to Shantikunj, Haridwar with one Maniram Sahu in the year 2010. She was 14 years of age at that time. She was raped by the named accused in the month of July, 2010. A written information was given by her to Vivek Vihar police station, Delhi on 02.05.2020. The case was registered at police station Vivek Vihar in zero crime number. The said FIR was transferred to Haridwar. The present applicant was not named in the said FIR. After completion of the Investigation, a closure report was filed. Further investigation was conducted on the direction of the concerned Magistrate. Upon conclusion of the further investigation, a charge-sheet was filed against the present applicant and co-accused persons. Prosecutrix (PW1) has been cross-examined by the present applicant on 04.12.2023.

Heard Mr. Navneet Kaushik, learned counsel for applicant, Mr. Akshay Latwal, learned Brief Holder for State and Smt. Pushpa Joshi, learned Senior Advocate assisted by Ms. Nipush Mola Joshi, learned counsel for the prosecutrix.

5 Mrs. Pushpa Joshi, learned Senior Advocate and Mr. Akshay Latwal, learned Brief Holder have opposed the bail application. They submitted that the prosecutrix reached Delhi with her mother on 15.03.2020. The present applicant along with co-accused persons locked her mother in a room and took her (prosecutrix) signatures on some blank papers at gun point. Smt. Pushpa Joshi, learned Senior Advocate further submitted that the present applicant along with co-accused Manmohan took the prosecutrix to the police station Vivek Vihar to lodge the report of rape.

Mr. Navneet Kaushik, Advocate, contended that the applicant, aged about 41 years, is an innocent lady. She has been falsely implicated in the present matter. First Information Report (No. 310 of 2020) was registered against the named accused persons under Sections 376, 506 read with Section 34 of the Indian Penal Code, 1860. After conducting the further investigation, the entire incident was changed. The accused persons were changed and the offences were changed. Applicant is not a previous convict. She is in custody since 15.09.2022. She is a permanent resident of District East Singhbhum, Jharkhand, therefore, there is no possibility of her absconding, and, three accused persons, namely, Smt. Sunita Sharma, Manmohan Singh and Hargovind Pravah have been granted bail by this Court.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The First Bail Application is allowed.

Let the applicant- Smt. Chandrakala Sahu be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the Trial Court regularly, and she shall not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the court for cancellation of bail.