Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 27096 (ALL)

SMT. SUMAN PRAJAPATI v. STATE OF U.P.

BAIL/8100/2025 · 2025-04-08

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:53154 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8100 of 2025 Applicant :- Smt. Suman Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey,Sheshadri Trivedi,Sr. Advocate,Yagya Datt Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Counter and rejoinder affidavit filed, which are taken on record. 2. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSSA has been moved on behalf of accused-applicant, Smt. Suiman Praapati, seeking enlargement on bail in Case Crime No. 48 of 2025, under Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956 (City Act), Police Station Sipari Bazar, District Jhansi. 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 07.02.2025. She has no criminal antecedent and there is no chance of fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that only allegation upon the applicant is that she along with co-accused Shivani Ahirwar were involved in providing the room, bedding and other articles. 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. It is next submitted that apart from the confessions of the applicant and co-accused as well as the members of the police team, statement of no other independent witnesses were recorded. Landlord of the alleged flat has not been identified nor other details have been disclosed by the prosecution and no statement of any neighbors were recorded by the prosecution. No offence under the aforesaid sections is made out against the applicant and she has been falsely implicated in the present case because of malice, revenge and ulterior motive of the prosecution. 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 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. Suman Prajapati, 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 :- 9.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad