Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35854 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Dharmendra Kr. Patel, learned counsel for the applicant, Sri Aditya Prasad Mishra, advocate holding brief of Sri Pankaj Kr. Mishra, learned counsel for the first informant, 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. 107 of 2025, under Sections 109(1), 115(2), 117(2), 351(3), 352, 238, 3(5) B.N.S., P.S. Hajratnagar Garhi, District Sambhal. 3. Contention of learned counsel for the applicant is that in the F.I.R. as well as in the statement of the victim, general allegation has been made against the applicant and the co-accused for beating the injured. It is further submitted that in the statement of father and brother of the injured, they have accepted this fact that while the victim was taken to the hospital their motorcycle slipped and they fell on the road due to which the injured received injuries. It is further submitted that the applicant is a woman and the injuries could be caused by the accident on slipping of the motorcycle. The applicant has no criminal history and she is languishing in jail since
1.9.2025. It is further submitted that charge sheet has been filed in the present case and the case would not travel beyond Section 110 BNS which is punishable up to 7 years. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant and learned A.G.A. for the State opposed the prayer for bail, but they could not dispute the aforesaid fact. Versus Counsel for Applicant(s) : Dharmendra Kumar Patel Counsel for Opposite Party(s) : G.A., Pankaj Kumar Mishra Bhagwati .....Applicant(s) State of U.P. .....Opposite Party(s)
5. Thus, considering the entire facts and circumstances of the case and taking into account that applicant is a woman against whom general allegation has been made; she has no criminal history; charge sheet has already been filed and without expressing any opinion on the merits of the case, the Court is of the opinion that the applicant is entitled to be enlarged on bail. 6.
Let the applicant- Bhagwati, involved in the aforementioned crime be released on bail, on his 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. 35854 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad