Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158704 (ALL)

SAEEDA BANO v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7800/2025 · 2025-08-21

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:49148 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7800 of 2025 Applicant :- Saeeda Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Atul Verma, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 183 of 2025, under Sections 123, 318(4), 143, 351(2) B.N.S (erstwhile Sections 328, 420, 370, 506 I.P.C.), registered at Police Station Gomti Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 04.05.2025 in furtherance of an application under Section 173(4) B.N.S, against three persons, including the applicant, stating that the applicant and her husband- co-accused Chand Mohammad had prepared an obscene video of the complainant and they were threatening to spread the video virally unless she married the other co-accused Vishnu Chandra Yadav. It is alleged that on 09.02.2023, they administered some intoxicated substance due to which the complainant fell unconscious and upon regaining consciousness, she found that the applicant and her husband Chand Mohammad had got the complainant married to the other co-accused Vishnu Chandra Yadav. Vishnu Chandra Yadav, stated that he had purchased the complainant from the applicant and her husband- Chand Mohammad for Rs.3 Lakhs and he compelled the complainant to stay with him and he had raped her. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and she has been falsely implicated in the present case. In Para 23 of the affidavit, the applicant's involvement in another case under Sections 406, 504, 506 I.P.C has been disclosed, in which a notice under Section 41(1) (A) Cr.P.C was issued to her. 5. The learned counsel for the applicant has annexed some photographs showing marriage ceremony of the complainant being performed with co-accused Vishnu Chandra Yadav and a copy of the application under Section 144 B.N.S.S. filed on 16.08.2024 by the complainant against co-accused Vishnu Chandra Yadav has also been annexed with the affidavit filed in support of bail application, wherein the complainant has pleaded that she has married the co-accused Vishnu Chandra Yadav out of mutual love on 09.02.2023; that her husband turned her out of her matrimonial home on 12.03.2024; that the complainant repetitively made efforts for an amicable settlement and she is willing to live with her husband. The complainant has prayed for an award of Rs. 20,000/- as maintenance from her husband- co-accused Vishnu Chandra Yadav. 6. The learned A.G.A.-I has opposed the bail application and he has submitted that the allegations against the applicant have been established during investigation and a charge-sheet has already been submitted. He has further submitted that the investigation against co- accused Vishnu Chandra Yadav is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation levelled in the F.I.R lodged on 04.05.2025 that the applicant and her husband had sold away the complainant to co-accused Vishnu Chandra Yadav is contrary to the averment made by the complainant in her application under Section 144 B.N.S.S; that she has married co-accused Vishnu Chandra Yadav out of mutual love and she has claimed the maintenance from her husband- co-accused Vishnu Chandra Yadav, coupled with the fact that the applicant is a woman and she is languishing in jail since 03.07.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Saeeda Bano be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. (Subhash Vidyarthi,J.) Order Date :- 21.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench