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Neutral Citation No. - 2025:AHC:53287 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11872 of 2025 Applicant :- Nisha Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Amarjeet Yadav, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Nisha Pandey , seeking enlargement on bail in Case Crime No.32 of 2025, under Sections 89, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sarailakhansi , District Mau.
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
18.03.2025. Learned counsel for the applicant submits that the incident took place on 20.12.2024 at 13:00 hour and the F.I.R. was registered on 26.1.2025 at about 1:55 house after one month six days delay and no reasonable explanation has been given by the prosecution. The Investigating Officer recorded the statement of victim under Section 180 B.N.S.S. on 26.01.2025. The applicant is an old sick lady and during in jail her treatment is going on from Chakrapanpur P.G.I. Hospital, Azamgarh. No offence is made out against the applicant. Charge-sheet has been filed on 22.03.2025. Co- accused namely, Sarita Singh alias Sunita Gautam and Aneeta Dubey alias Akanccha Pandey have been granted bail vide orders dated 12.02.2025 and 20.02.2024 from the trial court. 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. 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, Nisha Pandey , 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 her 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 his bail.
Order Date :- 10.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad