SMT. SUNITA @ SHIV KUMARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
/11860/2025 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181562 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181562 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11860 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant-Smt. Sunita @ Shiv Kumari, who is involved in F.I.R./Case Crime No.112 of 2025, under Sections 333, 115(2), 118(2), 351(3) and 352 of BNS, 2023, Police Station-Shivratanganj, District-Amethi. It has been submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the case. Learned counsel for applicant further submits that the role of exhortation has been assigned against the applicant and the main allegation is against the co-accused Bal Govind. He has submitted that the applicant is a lady and has no previous criminal history. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 21.9.2025. Learned A.G.A has, however, opposed the prayer for grant of bail but he could not dispute the fact that the role assigned against the applicant is of exhortation. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the Versus Counsel for Applicant(s) : Sant Lal Dixit, Rakesh Kumar Counsel for Opposite Party(s) : G.A. Smt. Sunita @ Shiv Kumari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s)
learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let applicant-Smt. Sunita @ Shiv Kumari be released on bail in the aforesaid F.I.R./case crime number on her furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. (3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. November 28, 2025 Sachin BAIL No. 11860 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench