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2025 DAILYLAW 21437 (ALL)

SMT. NEETU SINGH v. STATE OF U.P.

BAIL/6264/2025 · 2025-05-07

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75031 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6264 of 2025 Applicant :- Smt. Neetu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Abhai Kumar Singh,Achal Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Abhai Kumar Singh, learned counsel for the applicant and Sri Yagyavalka Pandey, learned AGA for the State- respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Smt. Neetu Singh, seeking enlargement on bail in Case Crime No. 37 of 2025, under Sections 3, 4 and 6 of Immoral Traffic (Prevention) Act, Police Station Kaushambi, Trans Hindon, District Ghaziabad. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this case crime number and is languishing in jail since 20.01.2025. Learned counsel for the applicant submits that only allegation upon the applicant is that she being manager was sitting outside of the alleged flat and arrested the applicant and other co-accused persons. The entire case of the prosecution rests upon the confession of the co-accused and the applicant which is inadmissible in evidence and therefore there is no credible or cogent evidence against the applicant. The independent witness namely Gopal Chaturvedi and Devendra Singh have stated that they have no knowledge about the incident. The recovery shown from the alleged flat is planted one as there is no independent witness of the said recovery. Criminal history of one case has been explained in the supplementary affidavit filed today 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. 5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness, period of incarceration as well as mandate of the 1st Proviso of Section 480 (1) B.N.S.S. and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Smt. Neetu Singh, 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 her personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 8.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad