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Neutral Citation No. - 2025:AHC:86105 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13489 of 2025 Applicant :- Smt Ruqayya Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Kadim,Zafeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Zafeer Ahmad, learned counsel for the applicant and Shri Roopak Chaubey, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Smt. Ruqayya, in Case Crime No. 304 of 2024, under Section 191 (2), 191 (3), 190, 109 (1), 132, 121 (2), 117 (2), 223 (B) B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station Nakhasa, District Sambhal.
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 30.01.2025. First Information Report has been lodged on 24.11.2024 with the allegation that on the date of incident the first informant along with Court Commissioner, was involved in Survey work of Jama Masjid and Harihar Mandir, on an information that a mob is assembling at Pakka Bagh chaurha, he along with other subordinates reached there, the mob of 100 to 150 persons with common intention having hockey Dands in their hands attacked and pelted stones upon them with an intention to kill them. In the said incident several police personnel have sustained injuries.
Learned counsel for the applicant submits that the applicant's name has been surfaced in the statement of the other co-accused, with the allegation against her of pelting stones. Learned counsel for the applicant submits that the applicant is a senior citizen of 62 years of age and she has been falsely implicated in the present case. She has no criminal antecedent 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 but could not dispute the aforesaid facts. 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 applicant, Ruqayya, 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 :- 21.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad