The court has the discretion to grant bail to an accused person if the court is satisfied that the accused person has made out a case for bail.

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38145

of 2022

Applicant :- Smt. Saniya Urf Soni And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Rabindra Bahadur Singh

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicants and learned A.G.A for

the State.

The applicant was initially implicated under Section 376 IPC

read with other Sections but subsequently his implication under

Section 376 IPC has not been found to be proved and he has

been implicated under Sections 366, 406, 506 and 120-B IPC.

However, a coordinate Bench of this court by the order dated

21.11.2022 has directed this case to be listed before the

appropriate Court as fresh on an early date.

Counsel for the applicant submits that the bail application was

correctly filed before the court hearing minor bail applications

but on account of earlier implication of the applicant under

Section 376 IPC, this bail application has been listed before this

Court which has jurisdiction to hear the major bail applications.

Considering the fact that a coordinate Bench of this Court has

directed this case to be listed before this Court for hearing on

the impression that it is bail application to be heard by court

hearing major bail applications, this Court although finds that

there was no need of placing this bail application before this

Court but considering the fact that the application is being

transferred from one Court to other, this Court is proceeding to

hear this bail application.

There is allegation against the applicants that they have

committed offence of breach of trust and also conspiracy and

have abducted the victim and committed the offence of rape

against her.

Counsel for the applicant submits that it is a case of false

implication by the victim. She willingly befriended the

applicants for personal gains at Haryana. Thereafter, she has

falsely implicated them after about 16 months of the incident.

The allegation regarding commission of offence of rape was

found to be incorrect. The applicants have been falsely

implicated in this case. They are in jail since 08.07.2022 and

have no criminal history to their credits.

On the other hand learned A.G.A has opposed the prayer for

bail.

Keeping in view the nature of the offence, evidence, complicity

of the accused, submissions of the learned counsel for the

parties, larger mandate of the Article 21 of the Constitution of

India, considering the dictum of Apex Court in the case of

Dataram Singh Vs. State of U.P. and another reported in (2018)

3 SCC 22 and recent judgment dated 11.07.2022 of the Apex

Court in the case of Satendra Kumar Antil vs. C.B.I., passed in

S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times

overcrowding in jails over and above their capacity by the

under trials and without expressing any opinion on the merits of

the case, the Court is of the view that the applicant has made

out a case for bail. The bail application is allowed.

Let the applicants, Smt. Saniya Urf Soni and Sateesh, involved

in Case Crime No. 812 of 2021, under Sections- 366, 406, 506

and 120-B IPC, Police Station- Jagdishpura, District- Agra, be

released on bail on their furnishing a personal bond and two

sureties each in the like amount to the satisfaction of the court

concerned subject to following conditions. Further, before

issuing the release order, the sureties be verified.

(i) The applicants shall not tamper with the evidence or threaten

the witnesses.

(ii) The applicants shall file an undertaking to the effect that

they shall not seek any adjournment on the dates fixed for

evidence when 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.

(iii) The applicants shall remain present before the Trial Court

on each date fixed, either personally or as directed b