Hemlata Sahu vs State Of Uttarakhand

Alok Kumar Verma, J

This Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed 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 applicant-Smt. Hemlata Sahu is in judicial custody for the offence under Sections 323, 34, 365, 368, 504, 506 and Section 120B of the Indian Penal Code, 1860.

In brief, the prosecution’s case is that the prosecutrix went to Shantikunj, Haridwar with one Maniram Sahu in the year 2010. She was 14 years of age at that time. The named accused had committed rape on her in the month of July, 2010. A written information was given by her to Vivek Vihar police station, Delhi on 02.05.2020. The First Information Report was registered in Vivek Vihar police station in zero crime number. The said FIR was transferred to Haridwar. The present applicant was not named in the said FIR. A closure report was filed by the Investigating Officer. Further investigation was conducted by the Investigating Officer on the direction of the concerned Magistrate. On conclusion of the further investigation, a charge-sheet was filed against the present applicant and the co-accused persons.

Heard Mr. Navneet Kaushik, learned counsel for applicant and Mr. M.K. Chand, learned A.G.A. with Mr. Rakesh Negi, learned Brief Holder for State.

Mr. Navneet Kaushik, Advocate, contended that the applicant has been falsely implicated in the present matter. The First Information Report was registered under Sections 376, 506 and Section 34 of the Indian Penal Code, 1860. The applicant was not named in the First Information Report. After further investigation, the entire nature of the said FIR are modified and the accused persons are changed. Co-accused persons have been granted bail by this Court. Applicant is a permanent resident of District Raipur (Chhattisgarh), therefore, there is no possibility of her absconding, and, she is in judicial custody since 09.10.2022.

Mr. M.K. Chand, A.G.A. has opposed the Bail Application orally.

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 Bail Application is allowed.

Let the applicant- Smt. Hemlata 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.