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2025 DAILYLAW 43604 (ALL)

HALIMA v. STATE OF U.P.

BAIL/12780/2025 · 2025-06-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101431 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12780 of 2025 Applicant :- Halima Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ajay Kumar Mishra, learned counsel for the applicant, Ms. Ruchi Mishra, learned State Law Officer and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in Case Crime No. 280 of 2024, under Sections 420, 406, 467, 468, 471, 120B I.P.C., P.S. Najibabad, District Bijnor. 3. Contention of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case though he was not named in the F.I.R. He further contended that identically situated co-accused persons namely, Farman and Arif have already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.7961 of 2025 and 10717 of 2025 vide orders dated 12.05.2025 and 03.04.2025. He is seeking parity of the order aforesaid. He argued that charge sheet has been filed in the instant matter, and, therefore, there is no requirement of custodial interrogation. He also added that the applicant has criminal history of one case, which has been explained in the affidavit. The applicant is a law abiding citizen and he is languishing in jail since 18.02.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned State Law Officer opposed the prayer for bail, but could not dispute the aforesaid facts. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Halima, involved in the aforementioned crime be released on bail, on her 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 not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. v. The applicant shall not leave the country without the permission of court concerned. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 1.7.2025/Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad