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2025 DAILYLAW 47979 (ALL)

PINKI v. STATE OF U.P.

BAIL/13828/2025 · 2025-05-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93513 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13828 of 2025 Applicant :- Pinki Opposite Party :- State of U.P. Counsel for Applicant :- Bhanu Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Bhanu Pratap Singh, learned counsel for the applicant, 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, Pinki, seeking enlargement on bail in Case Crime No. 38 of 2025, under Sections 60(1), 60(2) of Excise Act and Section 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Bansdih, 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 similarly placed co- accused, namely, Sarita Rajbha, has already been enlarged on bail by this Court by order dated 18.04.2025 passed in Criminal Misc. Bail Application No. 12636 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Sarita Rajbhar who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. The applicant has criminal antecedent of two cases 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. Let the accused-applicant, Pinki, 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 :- 30.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad