BAIL/36652/2019 of SMT. AMINA KHATOON Vs State of U.P. AND ANOTHER on 20 December 2019

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36652 of 2019

Applicant :- Smt. Amina KhatoonOpposite Party :- State of U.P. and AnotherCounsel for Applicant :- Shamim Ahmad AnsariCounsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. forthe State and perused the record.

As per office report dated 19.12.2019 notice on opposite partyno. 2 has been served but no one has put in appearance.

The submission is that the co-accused, Usman, who isthe husband of the applicant was also similarly implicated. InCrl. Misc. Bail Application No. 36188 of 2018 victim wasproduced before this court by the police and she had madesimilar allegation against both, the applicant and her husband,Usman. Usman has been enlarged on bail by this court by theorder dated 12.10.2018. The applicant is stated to be stepmother of the victim and serious allegations have been madeagainst her in the FIR and in the statement of the victim underSection 164 Cr.P.C. Co-accused, Usman, was granted bail withthe condition that the victim, Naziya, shall be provided fullsecurity and be sent back to Grave Care Centre, Indirapuram,Ghaziabad. The Superintendent of Police, Gaziabad, wasdirected to ensure safety and security of the victim. Theapplicant is in jail since 29.03.2018 and has no criminal historyto her credit.

Learned A.G.A. opposed the prayer for bail but could notdispute the aforesaid facts as argued by learned counsel for theapplicant.

After considering the rival submissions noted hereinabove,larger mandate of Article 21 of the Constitution of India and thematerial brought on record and without expressing any opinionon the merits of the case and considering the facts andcircumstances of the case, I am of the opinion that the applicantis entitled to be released on bail.

Let the applicant- Smt. Amina Khatoon, be released on bail inCase Crime No. 347 of 2018, under Sections- 370, 372, 373,374, 376, 506 IPC and Sections 5, 6, 17 of POCSO Act, Police Station- Loni, District- Ghaziabad, be released on bail on herfurnishing a personal bond with two sureties each in the likeamount to the satisfaction of the court concerned with thefollowing conditions which are being imposed in the interest ofjustice :-