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2025 DAILYLAW 13932 (ALL)

PRADEEP KUMAR TYAGI v. STATE OF U.P.

BAIL/3549/2025 · 2025-04-07

Ashutosh Srivastava

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:50774 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3549 of 2025 Applicant :- Pradeep Kumar Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Atharva Dixit,Pranav Tiwary Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Atharva Dixit, learned counsel for the applicant and Sri Shashank Singh, learned State Law Officer for the State- Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 1036 of 2024, under Section 3(1), 3(2), 3(3), 4, 5(1)A, 5 (1)B, 5(1)C, 5(2), 6B, 29, 23, 25 P.C.P.N.D.T. Act and 318 (4), and 61 (2), B.N.S. Police Station Baghpat. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Learned counsel for the applicant submits that on 19.12.2024 a First Information Report has been lodged against ten named accused persons including the applicant with the allegation that some persons are doing pre natal sex determination of fetus through Ultrasound on which an inquiry has been conducted and the applicant and other co-accused persons have been arrested. Learned counsel for the applicant submits under the P.C.P.N.D.T. Act there is a provision to file complaint before the Court concerned but despite filing complaint the complainant has lodged First Information Report against the applicant and other co- accused persons. Learned counsel for the applicant has relied upon a judgment of Hon'ble Apex Court, dated 12.09.2024, passed in Criminal Appeal No. 3747 of 2024 (Ravinder Kumar Vs. State of Haryana). The applicant is languishing in jail since 19.12.2024 and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that on the similar footing the co-accused Santosh, Naveen Nain and Rahul Bhati have been granted bail by this Court vide order dated 10.03.2025, 10.03.2025 and 21.03.2025 passed in Criminal Misc. Bail Application No. 8093 of 2025, 6512 of 2025 and 2857 of 2025 respectively, therefore, applicant is also entitled to be released on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Pradeep Kumar Tyagi, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 8.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad