Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34167 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Chandranshu Gour, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 371 of 2025, under Sections- 143(4), 61 & 3(5) BNS, Police Station-Tronica City, District- Ghaziabad, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was not named in the FIR. Subsequently, his name came up in the confessional statement of co-accused Naved and Afsar Ali that the applicant is also involved in child trafficking but as per CCTV footage, the child was kidnapped by Naved and recovery of child was also made from Naved and co-accused Afsar Ali and applicant has been falsely implicated. It is further submitted that co-accused Swati alias Saista, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.33759 of 2025 vide order dated 06.10.2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that applicant was not aware about the pendency of one case which has been pointed out by learned AGA as the notice of the same has been received by the husband of the applicant after arrest of the applicant. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a lady and law abiding citizen and she is languishing in jail since 07.08.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Dev Kaushik, Chandranshu Gour Counsel for Opposite Party(s) : G.A. Sandhya Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 5.
Considering the aforesaid nature of allegation and taking into account that the applicant is a lady and child was not recovered from her possession nor she has abducted the child and co-accused, Swati alias Saista, has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.33759 of 2025 vide order dated 06.10.2025 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sandhya Chauhan, 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 her 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. October 14, 2025 S.C.
BAIL No. 34167 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad