Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27396 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 318 of 2025 Applicant :- Pooja Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Anup Dhar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Anup Dhar Dubey, learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Pooja Chaudhary, seeking enlargement on bail in Case Crime No. 122 of 2024, under Sections 34, 307, 504, 506 of the Indian Penal Code, Police Station- Belipar, District- Gorakhpur.
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 28.11.2024. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that no role of causing injury has been assigned to the applicant. Only general allegation of giving a knife to the main accused has been levelled against the applicant. Nothing incriminating has been recovered from the possession of the applicant. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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, Pooja Chaudhary, 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 his 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 :- 27.2.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad