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2025 DAILYLAW 105607 (ALL)

KAVITA ARORA v. State of U.P.

BAIL/40297/2024 · 2025-02-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17512 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40297 of 2024 Applicant :- Kavita Arora Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Narendra Kumar, learned counsel for the applicant, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Kavita Arora, seeking enlargement on bail in Case Crime No. 342 of 2024, under Sections 137 (2), 143 (5), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali, District Ghaziabad. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 7.8.2024. Learned counsel for the applicant submits that initially the FIR was lodged against unknown person. The applicant was not named in the FIR. The story set up by the prosecution is cooked up story. There is no independent witness of the alleged recovery. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the applicant submits that co-accused Sulekha Devi has already been enlarged on bail by this Court on 28.11.2024 in Criminal Misc. Bail Application No. 41815 of 2024. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness, mandate of the 1st Proviso of Section 480 (1) B.N.S.S. and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Kavita Arora, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 6.2.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad