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2025 DAILYLAW 13202 (ALL)

BEGWATI v. STATE OF U.P.

BAIL/3206/2025 · 2025-07-21

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118927 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3206 of 2025 Applicant :- Begwati Opposite Party :- State of U.P. Counsel for Applicant :- Satish Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant today is taken on record. 2. Heard Sri Satish Kumar Yadav, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 367 of 2024, under Sections 115(2), 352, 80, 85 of BNS and Section 3/4 of D.P. Act, Police Station Bhogaon, District Mainpuri, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The applicant is the mother-in-law of the deceased person. There are general and omnibus allegations against all the accused person. 5. Learned counsel for the applicant has next argued that PW-1 has been examined in the court during trial and he has completely resiled from his earlier statement and has been cross-examined by the public prosecutor after declaring him hostile. There is no likelihood of conviction of the applicant in the present case. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 29.09.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that PW-1 has not supported the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Begwati, who is involved in aforementioned 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 evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 22.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad