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2025 DAILYLAW 43036 (ALL)

POOJA v. STATE OF U.P.

BAIL/13366/2025 · 2025-05-19

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84358 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13366 of 2025 Applicant :- Pooja Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Deo Upadhyay,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A.,Rakesh Chandra Hon'ble Sameer Jain,J. 1. Heard Sri Vinay Bhushan Upadhyay, learned counsel for the applicant, Sri Rakesh Chandra Tiwari, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 102 of 2025, under Sections 103(1), 238, 351(3) B.N.S., Police Station Robertsganj, District Sonbhadra during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter along with co-accused Rahul Kumar and Sameer @ Bunty and after considering the entire facts of the case in detail, both the co- accused Rahul Kumar and Sameer @ Bunty have been released on bail by this Court and their bail order has been annexed at page-86 of the paper-book and on facts, case of applicant is at par with them. 4. He further submits, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 18.02.2025. 5. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed two co-accused Rahul Kumar and Sameer @ Bunty have been released on bail by this Court and applicant is a lady and she is not having criminal history and in the present matter she is in jail since 18.02.2025, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant - Pooja 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 his 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. 10. 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. 11. 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 :- 20.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad