SMT. MARJEENA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
/7437/2025 · 2025-08-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156840 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156840 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47238 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7437 of 2025 Applicant :- Smt. Marjeena Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.58 of 2025 under section 191(2), 191(3), 103(1), 61(2), 3(5), 351(3), 109 BNS, Police Station Hujoorpur, District Bahraich.
Learned counsel for the applicant submits that the applicant is a lady. General role has been assigned to her along with 11 other named co- accused persons and 4–5 unidentified co-accused persons. Accused Banne, who was assigned the specific role of stabbing, has been granted bail by the Coordinate Bench of this Court vide order dated 04.07.2025 passed in Criminal Misc. Bail Application No. 5828 of 2025 (Annexure-24 to the bail application). He further submits that the other co-accused persons, namely Ashraf, Abrar, and Sagir, have also been granted bail by Coordinate Benches of this Court vide orders dated 09.05.2024, 12.05.2025, and 29.05.2025, copies of which are annexed as Annexures-18, 19, and 20 to the bail application. He submits that the cause of death is antemortem head injury. In the postmortem, the following injuries have been sustained:-
"ANTEMORTEM INJURY:
1) LACERATED WOUND 1.0X0.5CM X MUSCLE DEEP PRESENT OVER LEFT SIDE OF CHEST, 3.5 CM FROM LEFT NIPPLE. 2) CONTUSION 4X2.5 CM PRESENT OVER LEFT TEMPORO OCCIPITAL REGION OF SKULL, 5 CM ABOVE FROM LEFT EAR. 3) LEFT EAR PINNA LACERATED AND SOME PART MISSING. 4) CONTUSION 7X4 CM PRESENT OVER RIGHT TEMPOROPARITAL REGION OF SKULL, 4.5 CM ABOVE FROM RIGHT EAR." It is submitted that from a perusal of the antemortem injuries sustained by the deceased, there is no stab wound present, which, from the postmortem report, falsifies the prosecution case as well as the statements of the injured witnesses. The applicant has been falsely implicated. The applicant is in jail since 11.07.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is a lady, has no criminal antecedents; and the co-accused persons named above, including the main accused Banne, have been granted bail by Coordinate Benches of this Court, the case of parity is made out; the applicant has been in jail since 11.07.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.
Accordingly, the bail application is allowed. Let the applicant, Marjeena, be released on bail in the aforesaid first information report number, subject to her furnishing a personal bond and two reliable 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 evidence during the trial. (ii) The applicant shall not pressurize or intimidate any prosecution witness. (iii) 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 them from disclosing such facts to the Court or to any police officer, or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open to the trial court to treat it as an abuse of the liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence without sufficient cause, the trial court may proceed against her under Section 229-A of the IPC (now Section 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and, in
order to secure her presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS).
Order Date :- 13.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench