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2025 DAILYLAW 18138 (ALL)

SMT. SANGEETA v. STATE OF U.P.

BAIL/4936/2025 · 2025-08-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133839 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4936 of 2025 Applicant :- Smt. Sangeeta Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Prakash Singh, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State Respondent and perused the entire material available on record. This is a second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by the Coordinate Bench of this Court vide order dated 10.12.2021, passed in Criminal Misc. Bail Application No. 40208 of 2021 (Smt. Sangeeta Yadav Vs. State of U.P.). The applicant, Smt. Sangeeta has filed this second bail application with a prayer to enlarge her on bail in Crime No. 95 of 2021, under Sections 306, 120-B of the I.P.C., Police Station Lalgarh, District Prayagraj, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Learned counsel for the applicant further submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant has nothing to do with the present case as the deceased was living separately. He submits that on 28.08.2021 the Investigating Officer arrested the applicant with her two months old daughter and since then the applicant is incarcerating in jail with her newly born daughter. He further submits that there is no material evidence against the applicant but she has been roped in the present case being Dewrani (sister-in- law). Learned counsel for the applicant submits that the applicant is in jail since 28.08.2021 (about 4 years) and trial is going on at snail's pace there is no possibility of conclusion of trial in near future. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on bail. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, period of incarceration as well as mandate of the 1st Proviso of Section 437(1) Cr.P.C and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. Let the accused-applicant, Smt. Sangeeta, involved in above mentioned case crime number be released on bail, on his 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 applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 7.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad