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Neutral Citation No. - 2025:AHC:114270 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13720 of 2025 Applicant :- Smt Nusarat Jahan Alias Isarat Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Pavan Kumar Srivastava, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 1246 of 2016, under Sections 420, 467, 468, 471 I.P.C., Police Station- Tronika City, District- Ghaziabad, during the pendency of the trial.
3. It is contended by learned counsel for the applicant that the only allegation against the applicant is that on the basis of power of attorney executed in favour of her husband by the husband of the first informant, the applicant executed sale deed. It is further submitted that the first informant has already filed Civil Suit Nos. 269 of 2014 and 279 of 2014 for cancellation of sale deed in question. Therefore, dispute is purely civil in nature. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. It is also submitted that the applicant is a lady and has no criminal antecedents to her credit. She is languishing in jail since
27.02.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact.
5. 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- Smt. Nusarat Jahan Alias Isarat 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 him 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.
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 :- 14.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad