Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:58666
Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9389 of 2025 Applicant :- Rajwati And Another Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri M.P.S. Chauhan, learned counsel for the applicants, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicants, Rajwati and Gita, seeking enlargement on bail in Case Crime No. 27 of 2025, under Sections 191 (2), 191 (3), 190, 121 (2), 132, 125, 324 (5), 326 (g), 61 (2) (B), 109 (1) BNS and 3/4 Prevention of Damage to Public Property Act & 7 Criminal Law Amendment Act, Police Station Roravar, District Aligarh. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this case crime number and are languishing in jail since 24.02.2025. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicants submits that the incident took place on 28.01.2025 at 19:00 hours and its first information report was lodged on 29.01.2025 at 3:40 hours without giving any explanation for delay in lodging the FIR. The inured persons have been medically examined on 28.01.2025 and 31.01.2025 with the collusion of doctors the injuries caused by hard and blunt object KUO and advise for X-ray, but till date there is no supplementary report of any inured person has been prepared. Real fact is that no such incident has been taken place on the said date time and place and the applicants are not concerned with the alleged incident, but the police has been falsely implicated in such false and frivolous case due to ulterior motive in order to cause harm and harassment to the applicant. There is no specific role has been assigned to the applicant. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail but
could not dispute the aforesaid facts. 5.
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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicants, Rajwati and Gita, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 18.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad