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2025 DAILYLAW 17519 (ALL)

RAJIYA v. THE STATE OF UP THROUGH PRINCIPAL SECRETARY (HOME)

BAIL/4281/2025 · 2025-04-21

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60372 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4281 of 2025 Applicant :- Rajiya Opposite Party :- The State Of Up Through Principal Secretary (Home) Counsel for Applicant :- Chandan Bhagat,Dhannajai Pratap Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Chandan Bhagat, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 233 of 2024, under Sections 103(1), 3(5) B.N.S., Police Station Bhojpur, District Ghaziabad during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is step mother of the deceased and on the basis of false allegation, she has been made accused in the present matter along with her husband i.e. father of the deceased. 4. He further submits, it appears, however there is no eye witness account but even as per allegation, the father of the deceased beaten him due to which he died and there is no allegation that applicant caused any injury to the deceased. 5. He further submits, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 28.09.2024 i.e. for last more than six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicant is the step mother of the deceased and she along with her husband i.e. father of the deceased committed his murder but even as per prosecution co- accused Naushad i.e. father of the deceased made assault upon him and there is no allegation that applicant caused any injury to the deceased. 9. Further, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 28.09.2024 i.e. for last more than six months. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Rajiya be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad