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2025 DAILYLAW 21889 (ALL)

SMT PUSHPLATA @ RAJNI v. STATE OF U.P. AND ANOTHER

BAILC/219/2023 · 2025-08-05

Krishan Pahal

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:133015 Court No. - 65 Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 219 of 2023 Applicant :- Smt Pushplata @ Rajni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.,Nanhe Lal Tripathi Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Pati Tiwari, learned counsel for the applicant, Sri Santosh Kumar Mishra, Advocate holding brief of Sri Nanhe Lal Tripathi, learned counsel for opposite party No.2 as well as Sri Raghvendra Prasad Singh, learned State Law Officer. 3. Instant bail cancellation application has been filed by the applicant to cancel the bail granted to the opposite party No.2 and set aside the order dated 16.11.2022 passed by Court of learned District and Sessions Judge, Lalitpur in Criminal Misc. Bail Application No. 1486 of 2022 in Case Crime No. 700 of 2022 under Sections 376, 354A, 315, 506 I.P.C., Police Station-Kotwali Lalitpur, District-Lalitpur. 4. Learned counsel for the applicant has stated that there is likelihood of the applicant tampering with the evidence, as such, the bail granted to the applicant may be set aside and applicant be sent behind bars. 5. Per contra, learned counsel for the opposite party No.2 has opposed the bail cancellation application on the ground that it is a clear cut case of false implication and the victim was a consenting party and the allegations are that the opposite party No.2 made a false promise to marry the victim, as such, the bail cancellation application may be dismissed. 6. After hearing learned counsel for the parties, I do not find any ground to set aside the order dated 16.11.2022. 7. Instant bail cancellation application is misconceived and without any basis, it is accordingly rejected. Order Date :- 6.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad