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2025 DAILYLAW 112197 (ALL)

SMT ASMA v. STATE OF U.P. AND 3 OTHERS

BAIL/46808/2024 · 2025-02-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27613 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46808 of 2024 Applicant :- Smt Asma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajendra Singh Yadav, learned counsel for the applicant and Shri R.K. Srivastava, the learned AGA for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 142 of 2024, under Sections 137(2), 49, 123, 305, 96, 61(2), 351(2) of B.N.S.S. & 5/6 of P.O.C.S.O. Act registered at Police Station Kayamganj, District- Farrukhabad. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 13.07.2024 against three persons, including the applicant, stating that the accused persons had enticed away the informant's sister aged about 16 yeas, on 02.07.2024. The informant's sister had taken away Rs.8,000/- and some jewellery from her home. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant is her friend and she had given her a phone and had asked her that she should talk to the applicant's brother-in-law Raju and she would get her married to him. She stated that she had gone with Raju. Besides handing over a mobile phone to the victim, the victim did not level any other allegation against the applicant 5. The medic-legal examination report of the victim as well as her educational certificate discloses her age to be 17 years. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, she has been falsely implicated in the present case and she has no criminal history. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation levelled against the applicant is that she had given her a mobile phone and had asked her to talk to her brother-in-law and no other allegation has been levelled against the applicant and that the applicant is a woman having no criminal history and she is languishing in jail since 02.11.2024, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Smt. Asma be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 27.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad