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2025 DAILYLAW 22757 (ALL)

SMT TARA ALIAS TAHIRA v. STATE OF U.P.

BAIL/6797/2025 · 2025-07-14

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115335 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6797 of 2025 Applicant :- Smt Tara Alias Tahira Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant, Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 558 of 2023, under Sections 363, 366, 323, 506, 120-B I.P.C., Police Station- New Agra, District- Agra, during the pendency of the trial. 3. It is contended by learned counsel for the applicant that though in the F.I.R., allegation is that the applicant despite being the real aunt of the victim persuaded her to accompany one co-accused, Lalla, but subsequently the victim in her statement u/s 164 Cr.P.C. made specific allegation against Rehan and not against the present applicant. It is further submitted that the applicant is a lady and has no criminal antecedents to her credit. She is languishing in jail since 06.01.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact. 5. 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. 6. Let the applicant- Smt. Tara Alias Tahira 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 15.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad