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2025 DAILYLAW 190824 (ALL)

SMT. KAUSHAL v. STATE OF U.P. AND 3 OTHERS

BAIL/34998/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34998 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri Anurag Kumar Pandey, learned counsel for the applicant, Sri Yagyavalk Pandey, 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. 0271 of 2025, under Sections 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of POCSO Act, Police Station T.P. Nagar, District Meerut. 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 13.06.2025. She 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. The allegation against the applicant is that applicant has enticed away the son of the informant. As per statements of the victim recorded u/s 180 & 183 B.N.S.S. he went with the applicant on his sweet will without any coercion. Victim is a consenting party. Learned counsel for the applicant further submits that victim is stated to be of 17 years of age and he is mature enough to ascertain what is right or wrong for him. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Anurag Kumar Pandey Counsel for Opposite Party(s) : G.A. Smt. Kaushal .....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. Kaushal, 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: 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 his 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 his bail. October 10, 2025 Vibha Singh BAIL No. 34998 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad