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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10617 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard Sri N. I. Jafri, learned Senior Counsel assisted by Ms. Abhilasha Tiwari, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A. for the State Respondent and perused the record. 2. The instant bail application has been filed on behalf of the applicant, Rajni with a prayer to release her on bail in Case Crime No. 124 of 2024, under Sections 103(1) and 49 of B.N.S., Police Station Rehar, District Bijnor 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. he submits that the applicant is not named in the FIR and her name surfaced in the statement of co-accused. He further submits that the FIR has been lodged after one day of the alleged incidents of which of satisfactory explanation of delay has been made. He submits that prior to death of Meenu Devi, her statement was recorded by the Investigating Officer and in her statement she had stated that at t he instigation of the applicant, the co-accused Rajat drove his Swift Dzire Car at a high speed and ran over her. Meenu Devi died after nine days of the alleged incident. He submits that there is no independent eye witness of the alleged incident. He further submits that at this stage the presence of the applicant is not established to link her with the offence. Learned counsel for the applicant next submits that co-accused Mohd. Ayyub and Rakesh have been granted bail by the Co-ordinate Bench of this Court vide orders dated 18.02.2025 and 18.03.2025 passed in Criminal Misc. Bail Application No. and 648 of 2025 and 2292 of 2025 respectively. The applicant's case is Versus Counsel for Applicant(s) : Abhilasha Tiwari, Awaish Khan, Sadrul Islam Jafri Counsel for Opposite Party(s) : Rakesh Kuamr Yadav, G.A. Rajni .....Applicant(s) State of U.P. .....Opposite Party(s)
similar with co-accused who have been granted bail by Co-ordinate Bench of this Court. 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 17.11.2024 and in case he is enlarged on bail he 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, mandate of Section 480(i)(ii) of B.N.S.S. and without expressing any opinion on the merits of the case, 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, Rajni, 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. September 9, 2025 pks BAIL No. 10617 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad