HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9209 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed by learned AGA for the State is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State as well as Ms. Pooja Yadav, learned counsel for the informant whose vakalatnama filed today is taken on record. 3. The accused-applicant seeks bail in FIR/Case Crime No.28 of 2025 under Sections 109, 124(2), 238, 140, 61(2) I.P.C P.S.- Gaura Chauraha, District- Balrampur. 4. In terms of the FIR, it was alleged that grave allegations were levelled against two persons named in the FIR. The FIR was lodged stating therein, a lady was found suffering from injuries and after recovering the lady, the FIR was lodged and she was taken to the doctor wherein, she informed that she was aged about 24 years and the two persons named in the FIR had attacked her on the head with the sharp edged weapon and some chemical was thrown on her. Allegation was made in respect of the applicant who is the wife of the one of the co-accused. Subsequently, in the statements recorded, the victim stated that wrong was done by the said two persons including the offence of rape and brutal damage to her body including her private parts. With regard to the applicant, it was stated that when the two accused went to throw her in a river and considered her as dead, the applicant checked her pulse and told that she was alive. Apart from the said allegation, no allegation whatsoever was levelled against the applicant. In the light of the said statement and the allegation levelled in the FIR, even if, they are treated as gospel truth, prima facie no averment exists as against the applicant for the implication of the offence punishable under Sections 109, 124(2), 238, 140, 61(2) BNS as the case of the applicant is different from the two accused Versus Counsel for Applicant(s) : Vivek Pandey, Arpit Gupta, Jagriti Bardhan Rao, Sharad Tiwari Counsel for Opposite Party(s) : G.A. Ruksana Khatoon @ Rukhsana Khatoon @ Riya Jayaswal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) persons. 5. Learned AGA has opposed the bail application. 6. Considering the facts and circumstances and on the reading of the material, the case of the applicant can be segregated from the other co- accused against whom the specific allegations have been levelled coupled with the fact that the applicant is a lady and is in judicial custody since 09.07.2025, having no criminal antecedent, thus, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant- Ruksana Khatoon @ Rukhsana Khatoon @ Riya Jayaswal be released on bail in aforesaid FIR/Case Crime Number subject to her furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. 8. It is made specific that the ground of bail of the applicant shall not be considered material while considering the bail application of other co- accused persons. October 29, 2025 V. Sinha BAIL No. 9209 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench