Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29425 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Counter affidavit filed by learned A.G.A. and supplementary affidavit filed by learned counsel for the applicant in Court today are taken on record. 2. No one appears on behalf of first informant despite list of mention and other category of cases is being revised. 3. Heard Sri Shailendra Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 4. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.131 of 2025, under Sections- 61(1), 87, 137(2), 143(2) of B.N.S., Police Station- Naubasta, District- Kanpur Nagar, during the pendency of the trial. 5. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of the victim under Sections 180 and 183 B.N.S.S. specific allegations have been made against co-accused Saurabh for enticing away the victim. However, from the perusal of the statement of the victim under Section 183 B.N.S.S., it is clear that she made allegation against the applicant that she called her mother over her mobile to pay her Rs.2.5 lakh in lieu of returning the daughter to whom she had sold to someone. However, the mother of the victim did not state such things and she simply stated that the victim told her that the present applicant sold her to one Nartham and she is demanding money to return her to her parents. It is further submitted that the applicant is a lady and she has no criminal history. 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 law abiding citizen and she is languishing in jail since 09.04.2025. In case, she is granted bail, Versus Counsel for Applicant(s) : Balbir Singh, Shailendra Singh Counsel for Opposite Party(s) : G.A., Shiv Shankar Kaithal Gayatri Devi .....Applicant(s) State of U.P. .....Opposite Party(s)
she will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 7.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties 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. 8. Let the applicant- Gayatri Devi, 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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 11. As the matter relates to human trafficking, therefore, applicant is directed to visit the local police station every month to inform her location. It is further directed that S.H.O., Police Station at Parshad Nagar, Prem Nagar, Agra Road, Jamdauli, District Jaipur, Rajasthan to note the presence of applicant every month and inform to Police Station Naubasta, District Kanpur, U.P.
12.
It is further directed that if the applicant fails to inform to the concerned BAIL No. 29425 of 2025 2
police station every month about her location, the first informant will be at liberty to file bail cancellation for violation of this condition. 13. It is made clear that 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. 14. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. October 16, 2025 R.S. Tiwari BAIL No. 29425 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad