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Neutral Citation No. - 2025:AHC:116059 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36639 of 2024 Applicant :- Pooja Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Vivek Singh, learned counsel for the applicant, Sri Yagvalkya Pandey, learned A.G.A for the State and perused the record.
2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case.
Learned counsel further submits that similarly situated co-accused namely, Mohit Bhati has already been enlarged on bail by co- ordinate Bench of this Court vide order dated 22.09.2023 passed in Criminal Misc. Bail Application No. 16360 of 2019. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant has also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 27.07.2018.
3. Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail she will misuse the liberty of bail, however, could not dispute the
submissions of learned counsel for the appellant with regard to parity.
4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, period of incarceration as well as mandate of the 1st Proviso of Section 437(1) Cr.P.C. and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
5. Let the applicant, Pooja, be released on bail in Case Crime No. 477 of 2018 under Sections 364, 302, 201, 120-B of I.P.C., Police Station Kasna, District Gautam Buddh Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court.
Order Date :- 17.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad