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2025 DAILYLAW 189230 (ALL)

RAJKUMARI v. STATE OF U.P.

BAIL/23207/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23207 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Ravindra Kr. Dwivedi, learned counsel for the applicant, Sri Prem Sagar Mishra, learned counsel for the first informant, Sri Himanshu Kumar, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 91 of 2025, under Sections 115(2), 352, 351(3), 118(2) B.N.S., P.S. Malawan, District Etah. 3. Contention of learned counsel for the applicant is that though allegation of chopping the tongue of the injured has been made against the applicant who is sister-in-law of the injured in the F.I.R., but the injured in her statement before the trial court has specifically denied such allegation and she was also declared hostile. The applicant is a law abiding citizen and she is languishing in jail since 18.5.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned counsel for the first informant also did not deny the aforesaid fact. However, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the fact that the injured herself resiled from her earlier statement during trial. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature Versus Counsel for Applicant(s) : Anuj Chaturvedi, Ravindra Kumar Dwivedi, Shubham Dwivedi Counsel for Opposite Party(s) : G.A., Prem Sagar Mishra Rajkumari .....Applicant(s) State of U.P. .....Opposite Party(s) of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, this court is of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant- Rajkumari, involved in the aforementioned crime be released on bail, on her 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 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. The applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. October 15, 2025 Vandana BAIL No. 23207 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad