RENU BAJPAI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/375/2025 · 2025-01-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116899 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116899 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5711 Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 375 of 2025 Applicant :- Renu Bajpai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Pankaj Kumar Tripathi,Mohd. Shahid Akhtar Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today in Court is taken on record.
2. Heard learned counsel for the applicant, learned AGA and perused the record.
3. This is the second bail application on behalf of the applicant who seeks enlargement on bail in FIR No.439 of 2022, under Section 498A, 304B of IPC & Section 3/4 of D.P. Act, P.S. Laharpur, District Sitapur.
4. The first bail application was rejected by this Court vide
order dated 05.07.2024. While rejecting the first bail application, direction was issued for recording of the statement of the fact witnesses, preferably within a period of six months.
5. Learned counsel for the applicant argues that despite directions, no witnesses have been examined.
6. The report sent by the trial Court concerned indicates that despite the dates being fixed, the prosecution was not producing witnesses. It also records that the police authorities were not taking the matter seriously.
7. Learned AGA has opposed the bail application.
8. Considering the report of the trial Court, although, the allegations are serious, however, the fact remains that the applicant is in custody since 22.07.2022 and the prosecution is not taking any serious effort for conclusion of the trial coupled with the fact that the applicant has no criminal antecedents, there is nothing on record to demonstrate that the applicant, if enlarged on bail, can adversely affect the trial, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
9. Let the applicant Renu Bajpai be released on bail in aforesaid FIR number on her furnishing a personal bond with
two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence.
10. Let a copy of this order be sent to Superintendent of Police, Sitapur for taking effective steps against the police authorities who have not taken any interest in the matter.
Order Date :- 28.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench