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2025 DAILYLAW 110163 (ALL)

KM. SABEEN B v. STATE OF U.P.

BAIL/45022/2024 · 2025-01-31

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14412 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45022 of 2024 Applicant :- Km. Sabeen B Opposite Party :- State of U.P. Counsel for Applicant :- Amitesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by counsel for the applicant today, is taken on record. Heard Shri Amitesh Kumar Mishra learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Km. Sabeen B, seeking enlargement on bail in Case Crime No. 580 of 2024, under Sections 191(2), 191(3), 190, 109, 131 & 121 (1) of B.N.S. & 7 of Criminal Amendment Law Act, P.S.- Meerganj, District Bareilly. 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 06.10.2024. She has criminal history of 9 cases which are duly explained in paragraph No. 14 of the supplementary affidavit. He further submits there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that injuries sustained by the injured are simple in nature. He lastly submits that the co-accused Rashid has been granted bail vide order dated 24.01.2025 passed in Criminal Misc. Bail Application No. 42244 of 2024. The case of the applicant is on identical footing with the co-accused Rashid. Hence, bail has been prayed for. 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 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, Km. Sabeen B, 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 :- 31.1.2025 Nitika Sri. Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad