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2025 DAILYLAW 172583 (ALL)

MAMTA PATEL v. STATE OF U.P.

BAIL/37057/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37057 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.64 of 2025, under Section 103(1) B.N.S., Police Station Manda, District Prayagraj, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The informant is the star witness and has categorically stated that her father sustained injuries in a brawl which ensued in the village and had later on come to the house. She has completely resiled from her earlier statement and has been cross-examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 21.04.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Sanjeev Kumar Khare Counsel for Opposite Party(s) : G.A. Mamta Patel .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the informant has turned hostile, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Mamta Patel, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 28, 2025 (Ravi Kant) BAIL No. 37057 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad