SMT. MAMTA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/7816/2025 · 2025-08-21
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 157802 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157802 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49172 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7816 of 2025 Applicant :- Smt. Mamta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Kamlesh Singh,Manjusha Kapil Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Manjusha Kapil, learned counsel for the applicant, Shri Manish Kumar Pandey, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.1353 of 2025, under Sections 182/211 IPC, registered at Police Station Mall, District Lucknow. 3. Initially the applicant had lodged an F.I.R. No. 379 of 2019 in P.S. Mall, District Lucknow on 03.08.2019 against three persons, stating that those persons had molested her on the way and were trying to drags her towards grove. They had snatched away chain from her neck. When the applicant's brother hit the accused persons with a stone and when a vehicle was stopping there, the accused persons ran away. During investigation, it transpired that the allegations levelled by the applicant in the F.I.R. were false and a closure report was submitted on
04.08.2019. The police submitted a challani report stating that the applicant had instituted a false F.I.R. which makes out an offence punishable under Section 182 IPC. 3. Initially the applicant was granted bail in the present case but she did not appear before the trial court on 16.06.2025 as she was suffering from a viral fever. On 08.07.2025, the applicant
moves an application for grant of bail but the said application was rejected by means of an order dated 08.07.2025. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, she has been falsely implicated in the present case and she has no criminal history. It has further been stated that the applicant has a son aged 2 years and because of her incarceration, her son is also forced to live in jail. 5. Learned A.G.A. has opposed the bail application. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that alleged offence carries maximum punishment for the offence for a period of six months and due to incarceration of the applicant, her son aged 2 years is also forced to live in jail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Smt. Mamta be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Order Date :- 21.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench