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2025 DAILYLAW 17152 (ALL)

RESHMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

BAIL/4360/2025 · 2025-03-05

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33872 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4360 of 2025 Applicant :- Reshma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicants, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicants, Reshma and Sheeba, seeking enlargement on bail in Case Crime No. 13 of 2025, under Sections 137(2), 87, 61 (2) of BNS, Police Station Kithore, District Meerut. 3. The allegation made in the FIR is that on 10.01.2025, at 41:00 a.m., minor daughter of the first informant, aged about 17 years, enticed away by co-accused Rashid, which was seen by one Naresh. It is further alleged that the daughter of the informant took Rs. 5,93,000/- cash and 80 gram gold expensive clothes. . 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case. It is submitted that the applicant is not named in the FIR. The applicants have been falsely implicated in the rape case due to sister-in-law of the co-accused Rashid. The victim was recovered by the police and the statement of victim under Section 180 BNS was recorded in which the victim has not made any allegation against the applicants. The alleged victim is major. The applicant No. 2 is pregnant lady of more than 8 months and the police has not filed any charge-sheet against the applicants. The applicants are languishing in jail since 11.01.2025. The applicants have no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. They have fully innocent and nothing to do with the alleged crime in any manner. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicants, Reshma and Sheeba, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 6.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad