The court considered the filing of charge sheet and the fact that co-accused had already been granted bail as grounds for allowing the bail application.

JUDGMENT

Deepak Kumar agarwal, J. - Heard on I.a. No. 1826/2022, an application under Section 301(2) of Cr.P.C. for assisting the Public Prosecutor.

Mr. Brajesh Tyagi, learned counsel for the complainant is permitted to assist the Public Prosecutor during hearing.

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 26.11.2021 in connection with Crime No.695/2020 by Police Station Mahila Thana, District ashoknagar for the offence punishable under Sections 306, 506, 507, 509, 511 and 109 read with 34 of IPC and Sections 66(E), 67, 84(c) of IT act.

As per prosecution story, on 08.11.2021 complainant-Ramanjeet, W/o Navjotsingh Sikh, aged 35 years, R/o Pawargadh, Vidisha Road, ashoknagar has given a written complaint against the present applicant and three others namely akshay, Monika and Shital, alleging therein that in 2008 she was having family relationship with present applicant, who is married a lady and mother of three children. Before six years, she told her that she is interested in women. She is a lesbian and cannot live without her. She wants to make physical relationship with her. When she refused, she started torturing her. She has started coming to her house. One day, when she was taking bath then present applicant made her naked video. Thereafter, she started blackmailing her and also demanded money from her. Whenever, family members used to talk of her marriage, Nilesh Kumari/present applicant used to threaten her that she will viral her naked video. In January 2020, her marriage with Navjot Singh was fixed. She also telephoned her fiance not to marry her but she got married. Thereafter, she also started blackmailing her through social media. She was defaming her and due to torture of present applicant-Nilesh Kumari she tried to commit suicide but her in-laws saved her. She also wrote suicide note. On her complaint, offence under Sections 306, 506, 507, 509, 511, 109, 34 of IPC and Sections 66(E), 67, 84(c) of IT act was registered. The allegation against the co-accused is that they used to upload the matter against the complainant which was prepared by the present applicant Nilesh Kumari in the social media.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is in jail since 26.11.2021. It is submitted that co-accused akshay and Monika have already been enlarged the benefit of regular bail vide orders dated 06.01.2022 in M.Cr.C. No.63108/2021 and 20.01.2022 in M.Cr.C. No.1605/2022, therefore she seeks parity. It is further submitted that investigation is over and charge sheet has been filed in the matter. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail to the applicant.

Learned counsel for the State as well as counsel for the complainant vehemently opposed the application submitting that the applicant is a resident of Panipat, Kila, District Panipat and if he granted bail then possibility of absconsion cannot be ruled out.

Heard learned counsel for the rival parties at length and perused the case diary.

Looking to the facts and circumstances of the case as well as considering the fact that charge sheet has been filed in the matter coupled with the fact that co-accused akshay and Monika have already been enlarged the benefit of bail by this Court, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the trial Court, she should be released on bail. She will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for com