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2025 DAILYLAW 38844 (ALL)

MONIKA v. STATE OF U.P.

BAIL/13788/2025 · 2025-04-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65566 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13788 of 2025 Applicant :- Monika Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No.318 of 2024, under sections 318 (4), 316(5) BNS, Police Station - Sadar Bazar, Distrct - Mathura during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is wife of the main accused Deepak Kumar. There are no specific allegations against the applicant. As per FIR, it is submitted that only money which has been deposited by the husband of the applicant in her account. The applicant was not aware about the source of income of the husband i.e. the main accused, who has transferred the amount in her account. It is also submitted that other co-accused i.e. father and mother of the main accused have already been granted bail by the co-ordinate Bench of this Court on 6.3.2025 and 3.4.2025 passed in Criminal Misc. Bail Application No. 6226 of 2025 and 10079 0f 2025 respectively. 3. Learned counsel appearing on behalf of the applicant submitted that is a man of clean antecedents and has no previous criminal history. After completion of the investigation, charge sheet has been filed on 16.1.2025 and cognizance was taken by the court concerned on 24.1.2025. There is nothing on record to connect the applicant with the commission of the offence as alleged in the FIR. The applicant is languishing in jail since 6.12.2024 i.e. more than 5 months. 4. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 5. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but could not dispute the aforesaid submissions as argued by the learned counsel for the applicant. 6. Heard learned counsel for the applicant, learned AGA for the State and perused the record 7. I have gone through the contents made in the application as well as the documents appended with the application and perused the material available on record. It is admitted fact that the applicant is languishing in jail since 6.12.2024, charge sheet has been filed, the applicant has no previous criminal history as well as the other co- accused persons have already been enlarged on bail by the co- ordinate Bench of this Court and further there is no chance of early conclusion of the trial. 8.Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Monika, who is involved in the aforementioned case crime be released on bail on her furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand)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 evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 28.4.2025/S.K.S. (Chandra Dhari Singh,J). Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad