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2025 DAILYLAW 190680 (ALL)

SMT. DHANNO ALIAS MOFIDA KHATOON v. STATE OF U.P. AND 3 OTHERS

BAIL/19566/2025 · 2025-10-08

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19566 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Beerendra Pal Singh, learned counsel for the applicant, Sri Varun PRatap Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, seeking enlargement on bail in Case Crime No. 120 of 2016 (Criminal Case No. 262 of 2016), under Sections 363, 342, 506 I.P.C. and Section 16/17 of POCSO Act, Police Station Masoori, District Ghaziabad. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 12.05.2025. He has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Applicant is not named in the F.I.R. and her name came into light during investigation of the case. No offence agianst her is made out as per the F.I.R. He further submits that victim is aged about 18 years and she has refused for her internal or external medical examination. Learned counsel for the applicant lastly submits that co-accused Amirul @ Amirul Haq has already been enlarged on bail by co- ordinate Bench of this Court on 22.05.2017 in Criminal Misc. Bail Application No. 17439 of 2017. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Beerendra Singh Pal Counsel for Opposite Party(s) : G.A. Smt. Dhanno Alias Mofida Khatoon .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Smt. Dhanno @ Mofida Khatoon, involved in above mentioned case crime number be released on bail, on her 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. October 9, 2025 Vibha Singh BAIL No. 19566 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad