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2025 DAILYLAW 12830 (ALL)

POONAM ALIAS PREETI ALIAS PRIYA v. STATE OF U.P.

BAIL/3015/2025 · 2025-08-04

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132317 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3015 of 2025 Applicant :- Poonam Alias Preeti Alias Priya Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The incident is alleged to have occurred on 20.08.2024. The first information report was lodged on 31.08.2024. The delay is fatal to the prosecution case. The alleged mobile phone from which call was made to the informant does not belong to the applicant. No amount has been credited in the account of applicant. The applicant is not a beneficiary of the illicit traction. A vague and general role has been assigned to the applicant. There is no credible evidence to link the applicant with the offence. Co- accused, namely, Akash and Rekha @ Priti @ Neha have already been enlarged on bail vide order dated 03.01.2025 and 21.01.2025 in Criminal Misc. Bail Application No. 39667 of 2024 and 47177 of 2024 respectively, therefore, applicant may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The Criminal history of the applicant has been explained in paragraph 12 and 13 of the affidavit. The applicant is languishing in jail since 05.03.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Poonam Alias Preeti Alias Priya, be enlarged on bail in Case Crime No. 524 of 2024, under Sections 127(2), 308(5), 308(6), 309(4) and 317(2) of B.N.S., Police Station- Kotwali Dehat, District- Bulandshahr, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 5.8.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad