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Neutral Citation No. - 2025:AHC:48871 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10483 of 2025 Applicant :- Muniza Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Avesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri Shravan Kumar Swarnkar, learned Advocate holding brief of Sri Dhirendra Kumar Verma, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 126 of 2025, under Section 108 BNS, Police Station- Kotwali Shahr, District- Bijnor, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against applicant on the basis of suicide note of the deceased and from the suicide note of the deceased, it reflects, deceased made allegation of abatement against co-accused Samun and very casually she disclosed that in alleged blackmailing, applicant was also involved but on the basis of such casual allegation, at this stage, it cannot be said that due to abatement of the applicant, she committed suicide. 4. He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since
16.02.2025. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that deceased in her suicide note also disclosed the name of the applicant and as per suicide note, applicant also involved along with co-accused Samun in blackmailing her but could not dispute the fact that even from the suicide note of the deceased, it reflects that principal accused is co-accused Samun. They further could not dispute the fact that applicant is lady and she is not having any criminal
history. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, deceased in her suicide note also disclosed the name of the applicant along with others but even from her suicide note, it reflects that main allegation of abatement is against co-accused Samun. 8. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 16.02.2025. 9.
Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Muniza be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 5.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad