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2025 DAILYLAW 104105 (ALL)

SMT. MUKESH v. STATE OF U.P.

BAIL/34585/2025 · 2025-10-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34585 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 162 of 2025, under Sections 87, 352, 351(2) of B.N.S., Police Station- Mundali, District Meerut. 3. Contention of learned counsel for the applicant submitted that though allegation made in the FIR is that co-accused Sanjeev in collusion with the applicant has enticed away the victim Sanjana but the victim in her statement under Section 183 BNSS has clearly stated that she is 20 years old and while she was going with the applicant to temple then co-accused Sanjeev tried to forcibly abduct her and also threatened but no allegation has been made by the victim against the present applicant who is real aunt of the victim. She has been falsely implicated. He also added that the applicant has no criminal history and she is languishing in jail since 15.07.2025. The charge sheet has already been submitted by the police, therefore, there is no requirement for custodial interrogation, therefore, she is entitled to be enlarged on bail. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature Versus Counsel for Applicant(s) : Arvind Kumar Srivastava, Sunil Kumar Saroj Counsel for Opposite Party(s) : G.A. Smt. Mukesh .....Applicant(s) State of U.P. .....Opposite Party(s) of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant- Smt. Mukesh involved in the aforementioned 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, with the following conditions:- i. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 7, 2025 Imtiyaz BAIL No. 34585 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad