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Neutral Citation No. - 2025:AHC:28494 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40501 of 2024 Applicant :- Sapna Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Rai Counsel for Opposite Party :- Subhash Chandra Tiwari,G.A.,Shakti Shanker Tiwari,Subhash Gosain Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Ashok Kumar Rai, learned counsel for the applicant, Shri S.K. Ojha, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sapna Singh, seeking enlargement on bail in Case Crime No. 267 of 2024, under Sections 137(2), 98, 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sukhpura, District Ballia. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number due to village parti bandi and is languishing in jail since 19.08.2024. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. There is only one evidence against the applicant i.e. her confessional statement, which was recorded at the time of her arrest. There is no eye-witness of the alleged incident. The only role has been assigned to the applicant is that she was helping to the co-accused Raja. Charge-sheet has already been submitted in this case by the I.O. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those 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 and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8.
Let the accused-applicant, Sapna Singh, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 21.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad