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2025 DAILYLAW 18461 (ALL)

KHUSHBUN v. STATE OF U.P.

BAIL/4838/2025 · 2025-05-11

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76504 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4838 of 2025 Applicant :- Khushbun Opposite Party :- State of U.P. Counsel for Applicant :- Anurodh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Pratibha Jaiswal, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.105 of 2024, under Sections 108 and 85 BNS, Police Station Kone, District Sonbhadra during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation that due to abetment of applicant and others daughter-in- law of the applicant committed suicide, applicant has been made accused in the present matter. 4. She further submits that applicant is the mother-in-law of the deceased and the bail application of father-in-law of the deceased has been allowed by this Court vide order dated 4.2.2025 passed in Criminal Misc.Bail Application No. 388 of 2025. 5. She further submits that applicant is a lady and there is no specific allegation against her and she is not having any previous criminal history and in the present matter she is in jail since 28.9.2024, i..e, for the last more than seven months. . 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by the learned counsel for the applicant and the fact that applicant is the mother-in-law of the deceased and the bail application of father-in-law of the deceased has been allowed by this Court and applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail for the last more than seven months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Khushbun 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 her 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 her 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. 11. 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. 12. 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 :- 12.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad