Lata and Another vs State of U.P.

Ramesh Sinha, J.—Heard Sri B.P. Singh, learned counsel for the applicants and Sri Samar Jeet Singh Yadav, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicants that the applicants are the uncle and aunt of coaccused Dhananjay, who is stated to have enticed away the girl. He submitted that as per supplementary report, the victim is a major girl aged about 19 years. The applicants are in jail since 27.7.2013.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.

Let the applicants Lata and Hari Mohan involved in Case Crime No. 348 of 2013, under Sections 363, 366 I.P.C., Police Station Auraiya, District Auraiya be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

The applicant will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.

They will not tamper with the witnesses.

They will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

The case of the applicant is distinguishable from the case of coaccused Dhananjay.