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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12390 of 2025 Court No. - 86 HON'BLE NALIN KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This is the third bail application on behalf of the accused-applicant - Smt. Pooja involved in Case Crime No. 16 of 2023 under Sections 302 and 120-B IPC, Police Station Mundali, District Meerut. 3. The first and second bail applications of the applicant have been decided on merits and have been rejected by this Court vide orders dated 7.6.2023 and 9.4.2024 respectively. The only new and additional ground taken in this third bail application is the incarceration period of the applicant. It is also submitted that the trial of the case has not been concluded as yet. It is further submitted that the applicant is in jail since 15.2.2023. The main assailant Malkhe @ Jeetu has been granted bail by the coordinate Bench of this Court vide order dated 19.2.2024 passed in Criminal Appeal No. 701 of 2024. 4. Learned AGA opposed the prayer and submitted that the grounds taken in this application have already been appreciated and considered in the Versus Counsel for Applicant(s) : D.M.Tripathi, Mohit Kumar Singh, Rahul Tiwari, Sujata Choudhary Counsel for Opposite Party(s) : G.A. Smt. Pooja .....Applicant(s) State of U.P. .....Opposite Party(s)
previous orders whereby the first and second applications for grant of bail were rejected by this Court. 5. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully. 6. Having regard to the entire facts and circumstances of the case and keeping in view the incarceration period of the applicant, which is about two years and seven months as on date as per the custody certificate issued by the Senior Superintendent, District Jail, Meerut, the dictum of Hon'ble Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The third bail application is allowed. 7.
The third bail application is allowed. 7. Let the aforesaid applicant involved in aforesaid Case Crime number be released on bail on furnishing a personal bond 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 will not tamper with the evidence during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not commit an offence similar to the offence of which she is accused, or BAIL No. 12390 of 2025 2
suspected, of the commission of which she is suspected. (v). The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. 9. It is made clear that the submissions and observations made in this order are only for deciding the bail application. Trial Court while deciding the trial will not be influenced with the same. September 25, 2025 safi BAIL No. 12390 of 2025 3 (Nalin Kumar Srivastava,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad