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2025 DAILYLAW 38075 (ALL)

NEHA v. STATE OF U.P.

BAIL/12283/2025 · 2025-05-06

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74065 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12283 of 2025 Applicant :- Neha Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar,Purushottam Dixit Counsel for Opposite Party :- Arun Kumar Sharma,G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Purushottam Dixit, learned counsel for the applicant, Shri Pradeep Kumar, learned AGA for the State-respondent and Shri Abhinash Yadav, Advocate holding brief of Shri Arun Kumar Sharma, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.448 of 2024, under Sections 115(2), 352, 351(2), 105, 61(2) BNS, Police Station- Vichhwan, District- Mainpuri, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that on the basis of false allegation, applicant, who is lady, has been made accused in the present matter alongwith her husband i.e. co-accused Ravindra Singh and after considering the entire facts of the case in detail, co-accused Ravindra Singh has been released on bail by this Court vide order dated 02.04.2025 passed in Criminal Misc. Bail Application No.10684 of 2025 and on facts, case of applicant is on better footing than him as according to the prosecution, co-accused Ravindra Singh, was the person, who caused head injury to the deceased. 5. He further submits that however, apart from the present case, applicant is having criminal history of one another case but that case relates to minor offences and she is in jail in the present matter since 11.02.2025. 6. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. However, as per allegation, applicant alongwith others including her husband namely Ravindra Singh caused the death of the deceased but it reflects, co-accused Ravindra Singh, was the person, who caused head injury to the deceased and he has already been released on bail by this Court vide order dated 02.04.2025. 9. Further, applicant is lady and however, applicant is having criminal history of one another case but that case relates to minor offences. Further, she is in jail in the present matter since 11.02.2025. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Neha, 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 her 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. 13. 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. 14. 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 :- 7.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad