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Neutral Citation No. - 2025:AHC:90891 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13035 of 2025 Applicant :- Ayushi Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Swetashwa Agarwal,Yash Raj Verma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Swetashwa Agarwal, learned counsel for the applicant, 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, Ayushi Agarwal, seeking enlargement on bail in Case Crime No. 346 of 2017, under Sections 420, 406, 120-B of the Indian Penal Code and Section 3, 4, 5, 6 Prize Chits and Money Circulation Scheme (Banning Act) of 1978, Police Station Kotwali Karvi, District Chitrakoot.
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 27.12.2017.
Learned counsel for the applicant submits that applicant was not named in the FIR. Charge-sheet in this case has already been submitted much prior in the year 2018. The applicant has completed maximum punishment for each of the offences. She has 234 cases of criminal antecedent, which has sufficiently 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. 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. At this stage, learned counsel for the applicant submits that applicant is a poor lady and 234 cases have been registered against the applicant and now, she is unable to furnish another surety and surety already furnished by the applicant in other cases, may kindly be considered for the purpose of grant of the bail in this case. Let the accused-applicant, Ayushi Agarwal, involved in above mentioned case crime number be released on bail, on her executing a personal bond and sureties already furnished in other cases be treated to be furnished in the present case also, 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 :- 26.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad