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2025 DAILYLAW 111369 (ALL)

MANITA SINGH v. STATE OF U.P.

BAIL/46293/2024 · 2025-01-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10809 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46293 of 2024 Applicant :- Manita Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Satya Prakash Shukla, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.46 of 2024, under Sections 3/25 Arms Act & section 111(3) B.N.S., Police Station-G.R.P. Ballia, District-Ballia, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 23.10.2024 against applicant and two others and according to the FIR while applicant was traveling in a train then from her bag 750 live cartridges of 315 bore were recovered. 4. Learned counsel for the applicant submits that applicant is a lady aged about 20 years and on the basis of false allegation she has been made accused the present matter. 5. He further submits that the alleged bag from which cartridges were recovered did not belong to the applicant and even from the record it reflects that the alleged bag was kept under the seat of the applicant and there is no cogent evidence on record which can suggest that alleged bag was of the applicant. 6. He further submits that there is no cogent evidence against the applicant with regard to offence under Section section 111(3) B.N.S. i.e. organized crime. 7. He further submitted that applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 23.10.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per prosecution from the bag of the applicant 750 live cartridges of 315 bore were recovered but applicant is a young lady and there is no cogent evidence against her with regard to offence under Section section 111(3) B.N.S. i.e. organized crime. 11. Further, applicant is not having any criminal history and in the present matter, she is in jail since 23.10.2024 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Manita Singh be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad