Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:37427 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3153 of 2025 Applicant :- Suhana Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Mohd Faiz Counsel for Opposite Party :- Atul Kumar,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant Suhana with a prayer to release her on bail in Case Crime No.90 of 2024, under Sections 212, 61(2), 308(7), 238, 49, 318(4) B.N.S., P.S. Khalapar, District Muzaffarnagar during pendency of the trial.
3. Prosecution story is that on 16.11.2024 applicant went at the clinic of Dr.Harun with her husband for treatment. Then applicant's husband went outside the clinic for taking tea and when he returned back, then he found that his wife was not in clinic. Thereafter, at about 7.35 p.m. evening applicant informed her husband that she was kidnapped by co-accused Sharfaraz and committed rape. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. From perusal of FIR and other evidence, no offence is made out against the applicant under alleged sections. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 27.11.2024 and in case she is enlarged on bail she will not misuse the liberty of bail.
4. Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicant. Learned counsel for the informant submitted that applicant and co-accused in collusion manufactured false story.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail
application is allowed.
6. Let the applicant, Suhana, who is involved in the aforesaid case crime, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad