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2025 DAILYLAW 161483 (ALL)

NEETU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.

BAIL/8226/2025 · 2025-09-01

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8226 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. 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.0557 of 2025 under Section 318(4), 308 (5), 351(3), 352, 126(2) and Section 111(2) of BNS Act, 2023, Police Station Poorakalandar, District Ayodhya. Learned counsel for the applicant submits that the applicant is a lady and has no criminal antecedents. It is contended that lodging of the FIR under Section 111(2) BNS is not sustainable in law, as the basic requirement of the said provision is that more than one charge sheet must have been filed against the accused. In the present case, no earlier charge sheet has ever been filed against the applicant under Section 111 BNS. It is further submitted that the husband of the applicant belongs to the Samajwadi Party and, merely because he voted in favour of the Bharatiya Janata Party in the Zila Panchayat Election, the applicant and her family members have been falsely implicated in the present case. It is also argued that no recovery has been made from the applicant. Learned A.G.A. has opposed the prayer for bail of the applicant; however, Versus Counsel for Applicant(s) : Vaibhav Srivastava, Vishnu Pratap Singh Counsel for Opposite Party(s) : G.A. Neetu Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) he has fairly conceded that there is no earlier charge sheet filed against the applicant. 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, she has no criminal history, and as per the record no earlier charge sheet has been filed against her, prima facie the offence under Section 111(2) BNS is not made out; the applicant is in jail since 06.08.2025 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. Let the applicant, Neetu Singh, 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 below 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 such person from disclosing the 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 for the trial court to treat it as an abuse of liberty of bail and pass appropriate 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 IPC (now Section 269 BNS). BAIL No. 8226 of 2025 2 (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 IPC (now Section 209 BNS). September 1, 2025 Madhu D.R/P.S BAIL No. 8226 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench