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2025 DAILYLAW 38529 (ALL)

RANI AND ANOTHER v. STATE OF U.P.

BAIL/11682/2025 · 2025-05-18

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84406 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11682 of 2025 Applicant :- Rani And Another Opposite Party :- State of U.P. Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mohd. Farooq, learned counsel for the applicants and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 2792 of 2011, under Section 304 IPC, Police Station- Premnagar, District- Bareilly, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that in the present matter earlier applicants were released on bail by this Court vide order dated 23.11.2011 but thereafter they could not attend the trial court and when they came to know that coercive measures are being taken against them then they surrendered before the trial court on 16.02.2025 and since then they are in jail. 4. He further submitted that applicants are ladies and they are not absconders and actually after released on bail when they returned home then thereafter their father died and after that they started living at some other place in the house of their married sister and due to this reason, they could not appear before the trial court. 5. He further submitted that applicants are ready to give an undertaking that in future they will regularly attend the trial court either in person or through their counsel and will fully cooperate with the trial 6. He further submitted that therefore, considering the facts and circumstances of the case, applicants should be enlarged on bail. 7. Per contra, learned AGA opposed the prayer for bail and submitted that prima facie applicants appear to be absconders as they appeared before the trial court after more than a decade but could not dispute the fact that both the applicants are ladies and they are in jail in the present matter for last more than three months. He further could not dispute the fact that applicants have given an undertaking that in future they will regularly attend the trial court either in person or through their counsel and will fully cooperate with the trial. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, it reflects that after released on bail applicants absconded and they appeared before the trial court after more than a decade but both the applicants are ladies and they are not having any criminal history. 10. Further, applicants have given an undertaking that in future they will regularly attend the trial court either in person or through their counsel and will fully cooperate with the trial. 11. Further, applicants are in jail in the present matter for last more than three months. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicants- Rani and Rajda 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 15. 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 applicants. 16. 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 :- 19.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad