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2025 DAILYLAW 166772 (ALL)

HUSBUN NISHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/9124/2025 · 2025-09-23

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9124 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Mukesh Kumar Tewari, the learned counsel for the applicant as well as Sri Mukesh Kumar Tewari, the learned A.G.A. 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.199/2025, under Section 137(2), 143(4) B.N.S., registered at Police Station- Deva, District- Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 01.04.2025 at 17:05 hours against the applicant and an unknown person, stating that the complainant had gone to Mazar along with her five months' old son and she had stayed there in the night of 31.03.2025. The accused persons started developing acquaintance with her and when the complainant fell asleep at about 03:00 AM, the accused persons vanished with the complainant's child. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, she has been falsely implicated in the present case and she has no criminal history. 5. It is recorded in the case diary that a CCTV camera was installed at the place of incident. The hard disk of the device had very low storage Versus Counsel for Applicant(s) : Mukesh Kumar Tewari, Bhupinder Pal Singh Counsel for Opposite Party(s) : G.A. Husbun Nisha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) capacity, therefore, the footage of the time of the incident is not available. 6. The learned A.G.A. has opposed the bail application and he has submitted that the child was recovered from the possession of applicant and her husband- Akbar Ali on the next day of the alleged incident. He has further submitted that the allegations have been established during investigation and a charge sheet has been submitted on 24.04.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the child was recovered soon after the incident coupled with the fact that the applicant is a woman and has no criminal history and she is languishing in jail since02.04.2025, 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- Husbun Nisha 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. September 23, 2025 V. Sinha BAIL No. 9124 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench