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2025 DAILYLAW 52977 (ALL)

PALAK v. STATE OF U.P.

BAIL/15172/2025 · 2025-05-26

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:92664 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15172 of 2025 Applicant :- Palak Opposite Party :- State of U.P. Counsel for Applicant :- Km. Ashra,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.,Manoj Kumar Gupta Hon'ble Sameer Jain,J. 1. Heard Sri Mohd. Samiuzzaman Khan and Km. Ashra, learned counsel for the applicant, Sri Ashutosh Singh, learned A.G.A. for the State-respondent and Sri Ashish Dwivedi, Advocate holding brief of Sri Manoj Kumar Gupta, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.800 of 2024, under Sections 191(2), 191(3), 190, 61(2), 103(1) B.N.S., 2023, Police Station Sadar Bazar, District Shahjahanpur, during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR but there is no allegation that she caused any injury to the deceased and as per allegation, co- accused Arvind Verma caused firearm injury to the deceased due to which he died. 4. He further submits that applicant is a lady and it appears, with the aid of Section 61(2) B.N.S., she has been made accused in the present matter. 5. He further submits that co-accused Nishant Mishra, who was also named in the FIR, has already been released on bail by this Court vide order dated 17.04.2025 passed in Criminal Misc. Bail Application No.12416 of 2025 and on facts case of applicant is on better footing than him. 6. He further submits that applicant is having no criminal history and she is in jail in the present matter since 11.12.2024. 7. 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. 8. I have heard both the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and the fact that co-accused Arvind Verma appears to be principal accused, who caused firearm injuries to the deceased and co-accused Nishant Mishra has already been released on bail by this Court vide order dated 17.04.2025 and on facts case of applicant is on better footing than him and applicant is a lady and she is having no criminal history and she is in jail in the present matter since 11.12.2024, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Palak 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 applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant 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 applicant shall not indulge in any criminal and anti- social activity. 12. 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 applicant. 13. 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