Ram Guni vs State of U.P.

Naheed Ara Moonis, J.

Heard, the learned counsel for the applicant the learned AGA for the State and perused the record.

The present bail application has been moved by the applicant Smt. Ram Guni in case crime no. 620 of 2009, under Sections 363 and 366 IPC, P.S. Roza, district Shahjahanpur with a prayer that she may be admitted to bail.

According to the first information report the applicant had called the niece of the complainant and was taken her away along with Punil and Parmal. The incident is said to have taken place on 1.9.2009 but the first information report was lodged on 19.9.2009 involving the accused persons including the applicant. The role of the applicant is only that she called the niece of the complainant and thereafter was taken by her son on the pretext of marriage with him. The applicant is in jail 20.9.2009. On the other hand learned A.G.A. has opposed the bail application by contending that there is active participation of the applicant and in case the applicant is enlarged on bail she will again misuse the liberty of bail. The applicant is in jail since 20.9.2009.

Considering the facts and circumstances of the case and submission made by the learned counsel for the applicant and without expressing any opinion of the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Smt. Ram Guni involved in case crime no. 620 of 2009, under Sections 363 and 366 IPC, P.S. Roza, district Shahjahanpur be enlarged on bail, on her executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:

(i)The applicant will not indulge in any such activity in future.

(ii)The applicant will not pressurise/intimidate the prosecution witnesses and tamper evidence during trial.

(iii)The applicant will appear before the trial court on the date fixed.

In case of breach of the above conditions, the court below shall be at liberty to cancel the bail.