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2025 DAILYLAW 43345 (ALL)

SUMAN v. STATE OF U.P.

BAIL/13391/2025 · 2025-05-19

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84594 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13391 of 2025 Applicant :- Suman Opposite Party :- State of U.P. Counsel for Applicant :- Inspectar Singh,Pavan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pawan Kumar Singh, learned counsel for the applicant and Shri Purshottam Maurya, 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, Suman, seeking enlargement on bail in Case Crime No. 38 of 2025, under Sections 60 (1), 60 (2) Excise Act and Sections 274, 275, 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bansdeeh, District Ballia. 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 28.02.2025. Learned counsel for the applicant submits that applicant was not arrested from the spot. Recovery of Rs. 48,511/- cash and jewelries shown from the possession of the applicant was her own. Co-accused has already been granted bail by this Court in Crl. Misc. Bail Application No. 12636 of 2025 decided on 18.4.2025. Criminal history of four cases has been explained 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. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. Let the accused-applicant, Suman, 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 her bail. Order Date :- 20.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad