The Allahabad High Court has allowed the bail application of Shiba, accused of the case of kidnapping of a minor Hindu girl in Gautam Budh Nagar police station Ecotech (3).
A single bench of Justice Ajit Singh passed this order while hearing a Criminal Misc Bail Application filed by Smt Shiba.
The bail application has been filed by the applicant in Case under Sections 363, 406, 506, 34 IPC, Police Station Ecotech 3, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
The FIR of this incident was lodged by the complainant about the enticement of her daughter on 21.02.2022 at about 3 PM and it was alleged that the accused persons namely Adeeba, Saba, Shiba (the applicant) and Mujammil have enticed away the daughter of the complainant.
It has also been mentioned in the FIR that the present accused and her sister Adeeba are neighbours of the complainant and they used to mislead the complainant’s daughter against her and her husband and on 22.02.2022 the accused along with her sister enticed away the daughter of the complainant.
The FIR was lodged after about 20 days and no explanation about the delay has been given.
The contention as raised at the Bar by the counsel for the applicant is that the applicant accused is quite innocent and has been falsely implicated in the case. It is submitted that the accused applicant is a woman and has been in jail since 13.03.2022 without there being any cogent evidence against her.
It is further submitted that she is having small kids to look after. In this matter, co-accused Muzammil has already been granted bail.
Lastly, it is argued that the applicant has been in jail since 13.03.2022 and that in case the applicant is enlarged on bail, she will not misuse the liberty of bail.
Additional Government Advocate has opposed the prayer for bail. But he does not dispute the aforesaid submissions of the counsel for the applicant.
“Keeping in view the submission of the counsel for the parties, considering that general role has been assigned to the accused, considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. The prayer for bail is granted,” the Court observed while allowing the bail application.
The Court ordered,
Let applicant Smt Shiba involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(3) In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 CrPC is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(4) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC.
If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with the law.