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2025 DAILYLAW 51367 (ALL)

PRIYANKA PANDEY AND ANOTHER v. STATE OF U.P.

BAIL/14361/2025 · 2025-05-26

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:92099 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14361 of 2025 Applicant :- Priyanka Pandey And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Opposite Party :- G.A.,Naveen Singh Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Akhand Pratap Singh, learned counsel for the applicants, Shri Vijay Bahadur Maurya, learned A.G.A. for the State-respondent and Shri Naveen Singh, learned counsel for the informant. 3. The instant application has been filed seeking release of the applicants on bail in Case Crime No.110 of 2025, under Sections 103(1), 3(5), 123 B.N.S., Police Station Ahraula, District Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for applicants submits that applicants have been named in the FIR but on the basis of false allegations, they have been roped in the present matter alongwith others including co-accused Kamlawati Alias Kamla Devi and after considering the entire facts of the case, co-accused Kamlawati Alias Kamla Devi has been released on bail by this Court vide order dated 19.05.2025 passed in Criminal Misc. Bail Application No.14075 of 2025 and on facts case of applicants is at par with her. 5. He further submits that applicants are ladies and they are having no criminal history and they are in jail since 18.03.2025. 6. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed co-accused Kamlawati Alias Kamla Devi has already been released on bail by this Court vide order dated 19.05.2025 and applicants are ladies and they are having no criminal history and they are in jail since 18.03.2025, in my view, applicants are entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicants- Priyanka Pandey and Manju Devi, be released on bail in the aforesaid case on 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence are exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti- social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad