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2025 DAILYLAW 20281 (ALL)

REHANA v. STATE OF U.P.

BAIL/5554/2025 · 2025-04-28

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66864 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5554 of 2025 Applicant :- Rehana Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Nilam Shukla,Surnedra Prasad Shukla Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 164 of 2024, under section 109(1), 333, 49 of BNS, Police Station - Gaur, District - Basti. 2. Learned counsel appearing on behalf of the applicant contends that the applicant is innocent lady and she has not committed any offence as alleged in the FIR. She has not been named in the FIR. She has been falsely implicated in this case due to ulterior motive. Her name is disclosed for the first time in the statement of the injured person. The injured person, in his statement, has stated only that the applicant has come with the main accused namely Dildar, at the place of incident where the main accused has given knife blow to the injured in his stomach and due to that he has sustained grievous injury on the vital part of his body. Role assigned to the applicant is only accompanying the co-accused and throwing the knife outside of the house, but the same has been recovered on the pointing out of the main accused. Therefore, no recovery is made from the possession of the present applicant. 3. It is further stated that there is no previous criminal history against the applicant. She is a woman of clean antecedents. 4. In view of the aforesaid facts, it is prayed that the applicant may be released on bail. She is languishing in jail since 20.1.2024 i.e. more than 3 months. It is submitted that there is no chance of completion of trial in near future. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court in case she is released on bail. 5. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail and submitted that the present applicant has accompanied the main accused Dildar, who has given knife blow to the injured person and due to that injured person has sustained injuries in vital part of his body which is grievous in nature, but he has not denied the fact that the applicant has no previous criminal history and she is a woman of clean antecedents. 6. Learned counsel for the complainant has also opposed the bail application vehemently and submitted that the main accused Dildar is son of the present applicant and she has accompanied her son at the place of incident where main accused was giving knife blow in the stomach of the injured person. She has also tried to destroy the evidence by way of throwing the knife which was used in the crime, but he has not denied the fact that she is a lady of clean antecedents and she has no previous criminal history. 7. Heard learned counsel for the applicant, learned AGA for the State, perused the material available on record. 8. I have gone through the contents made in the application as well as the documents appended with the application and perused the material available on record. 9. It is admitted that the applicant is a lady of clean antecedents, she has no criminal history, charge sheet has been filed, there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, the applicant is languishing in jail since 20.01.2025 for more than 3 months. There is no possibility of completion of trial in near future. 10. Taking into consideration all reasons stated above, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 11. Let the applicant - Rehana who is involved in the aforementioned case crime be released on bail on her furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 29.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad