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2025 DAILYLAW 196097 (ALL)

SHABNAM v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO.

BAIL/3181/2025 · 2025-10-10

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3181 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.857 of 2024, under Sections 103(1), 137 (2), 61(2), 3(5), 140, 238 BNS, P.S. Kotwali Nagar, District Sultanpur. 3. Learned counsel for the applicant while arguing on bail application draws my attention to the statement which is contained in annexure 12 in which it was admitted that the offence in question was committed with the help of one Rizwana who alongwith applicant were holding and tying the deceased. In the light of the said it is argued that Rizwana against whom similar allegations were leveled has been enlarged on bail vide order dated 7/10/2025 passed in Criminal Misc Bail Application No. 2024 of 2025. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and as the allegation against the applicant are similar to the co-accused who is enlarged on bail on the same reasoning, however, without commenting upon the merits of the case, the applicant who is in jail since 28.11.2024 having no criminal history is entitled to be enlarged on bail on the ground of parity. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Manoj Kumar Misra, Abhinav Mishra, Ganga Prasad Mishra, Hari Bux Singh Counsel for Opposite Party(s) : G.A., Afrin Bano Shabnam .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. .....Opposite Party(s) 6. Let the applicant Shabnam be released on bail in aforesaid FIR number on her furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) 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. October 10, 2025 J. K. Dinkar BAIL No. 3181 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench