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2025 DAILYLAW 33017 (ALL)

KAVITA v. STATE OF U.P.

BAIL/10832/2025 · 2025-04-09

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52507 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10832 of 2025 Applicant :- Kavita Opposite Party :- State of U.P. Counsel for Applicant :- Pratik Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pratik Kumar, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Kavita, seeking enlargement on bail in Case Crime No. 342 of 2024, under Sections 137 (2), 143 (5) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali, District Ghaziabad. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 7.8.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused Phoolbai has already been enlarged on bail by this Court on 27.11.2024 in Criminal Misc. Bail Application No. 41443 of 2024. She has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Kavita, 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. 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 :- 10.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad