Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35555 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 189 of 2024, under Section 105 B.N.S., Police Station Sinduriya, District Maharajganj during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. During the course of trial the informant was examined as PW-1. The said prosecution witness has not supported the prosecution version and has been declared hostile by the trial court vide order dated 24.02.2025. Further, the applicant is a lady aged 19 years and is in jail since 10.07.2024 having no criminal history and if she is released on bail, she will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that during the course of trial the informant, who was examined as PW-1, has not supported the prosecution version and has been declared hostile by the trial court. The applicant has no criminal antecedents. Moreover, the applicant is a lady and has remained confined for more than one year and three months and there is Versus Counsel for Applicant(s) : Piyush Patel, Pradeep Kumar Counsel for Opposite Party(s) : G.A. Sharjina .....Applicant(s) State of U.P. .....Opposite Party(s)
no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
6. Let the applicant- Sharjina, involved in the aforesaid case, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that she: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 28, 2025 SKT/- BAIL No. 35555 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad