Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35056 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri A.K.Verma, learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. for the State and perused the record. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Bitto @ Priya, seeking enlargement on bail in Case Crime No. 258 of 2025, under Sections 142, 137 (2), 87 B.N.S. and Section 16/17 of POCSO Act, Police Station-Panki, District-Kanpur Nagar. 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 10.07.2025. Learned counsel for the applicant submits that a First Information Report has been lodged by the first informant with the allegation with the allegation that all the accused persons including the applicant enticed away the minor daughter of the first informant. Learned counsel for the applicant submits that the applicant has been implicated in the present case only being sister of the main accused Raja. He further submits that from the CCTV footage it is clear that the main accused Raja and the victim were going alone and except them no one is present in the CCTV footage. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, Versus Counsel for Applicant(s) : Arvind Kumar Verma, Pravin Kumar Counsel for Opposite Party(s) : G.A. Bitto Alias Priya .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
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. Accordingly, the bail application is allowed. Let the accused-applicant, Bitto @ Priya, 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:
1.
The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 13, 2025 Deepak/ BAIL No. 35056 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad