Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35692 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7323 of 2025 Applicant :- Nisha Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Vivek Singh, Advocate, holding brief of Sri Shyam Shankar Mishra, learned counsel appearing for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed on behalf of the applicant Nisha with a prayer to release her on bail in Case Crime No.41 of 2025, under Sections 3, 4, 6 The Immoral Traffic (Prevention) Act, P.S. Kaushambi, District Ghaziabad during pendency of the trial.
3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Allegation alleged in the FIR is not supported by any evidence and prosecution story is also not supported by any independent witness. Applicant is a lady and major having no concern with the alleged incident. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 22.01.2025 and in case she is enlarged on bail she will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
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 and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant, Nisha, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad