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2025 DAILYLAW 102879 (ALL)

SWATI ALIAS SAISTA v. STATE OF U.P.

BAIL/33759/2025 · 2025-10-05

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33759 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Chandranshu Gour, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.371 of 2025, under Sections 143(4), 61 and 3(5) B.N.S., Police Station Tronica City, District Ghaziabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. She has nothing to do with the said offence. She has not been identified as per Section 7 of Bharatiya Sakshya Adhiniyam. Even she was not found in the CCTV footage garnered in the vicinity of the place of occurrence. 5. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 07.08.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view Versus Counsel for Applicant(s) : Chandranshu Gour Counsel for Opposite Party(s) : G.A. Swati Alias Saista .....Applicant(s) State of U.P. .....Opposite Party(s) that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Swati Alias Saista, who is involved in aforementioned case crime be released on bail on her 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 applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 6, 2025 (Ravi Kant) BAIL No. 33759 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad