Smt. Roshan Ara vs State of Uttarakhand

Prafulla C. Pant, J.—Heard. Applicant Smt. Roshan Ara, who is in jail in connection with Crime No. 140 of 2012, relating to offences punishable u/s 373, 120B of I.P.C., Police Station Kotwali Gangnahar Roorkee, District Haridwar, has sought her release on bail.

Applicant is a woman. One Ruksana, after delivery of a male child said to have given him to the co-accused Smt. Kalemta, as she (Ruksana) had already six children at home. It is alleged in the First Information Report by the Police Officer that Kalemta gave child to the present applicant, and got Rupees thirty eight thousand for handing over the child to a couple at Muzaffarnagar. It is pleaded on behalf of the applicant that the ingredients of offence punishable u/s 373 of I.P.C., are not made out as the child was male, and there is no allegation that he was purchased or sold for prostitution etc. The mother of the child has not made any complaint against the present applicant. Co-accused Kalemta has already been directed to be released on bail.

In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed. Let the applicant Smt. Roshan Ara, be released on bail, on executing personal bond, and furnishing two sureties, each of the like amount, to the satisfaction of Additional Chief Judicial Magistrate, Roorkee.