Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:11642 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42614 of 2024 Applicant :- Smt Ram Janki Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh Parihar Counsel for Opposite Party :- G.A.,Sanjay Kumar Verma Hon'ble Ashutosh Srivastava,J. Heard Shri Rajendra Singh Parihar, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents, Shri Sanjay Kumar Verma, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Smt. Ram Janki , seeking enlargement on bail in Case Crime No. 227 of 2024 , under Sections 191 (2), 109, 352, 351 (3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kidwai, District Kanpur Nagar.
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 23.9.2024.
Learned counsel for the applicant submits that general allegation have been levelled against each of the accused persons. The injuries are reported to be simple in nature. 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 first informant and 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, period of incarceration as well as mandate of the 1st Proviso of Section 437 (1) Cr.P.C. 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, Smt Ram Janki , 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 her 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 :- 23.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad