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2025 DAILYLAW 54451 (ALL)

SMT. JAGMATI @ JAGGO v. STATE OF U.P.

BAIL/15237/2025 · 2025-05-06

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73749 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15237 of 2025 Applicant :- Smt. Jagmati @ Jaggo Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Bharti Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard learned counsel for the applicant as well as Sri V.P. Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0001 of 2025, U/S 191(2), 191(3), 190, 103(1), 238, 3(5) B.N.S., Police Station Binauli, District Baghpat, during the pendency of trial. ARGUMENTS ON BEHALF OF THE APPLICANT: 4. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize her. She is not named in the FIR. Her name has come up for the first time in the statements of the co- accused persons Rohit, Krishna, Rajeev, Jitendra and Abhishek. The statements have no evidentiary value in the eyes of law. 5. The applicant being a lady and sister of the main accused person Rohit, has been falsely implicated. She is a married lady and naturally lives separately to her brother. The case of the applicant is at a different footing to the named accused person. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 4.1.2025. In case, the applicant is released on bail, she will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 7. The bail application has been opposed, but the fact that applicant has no criminal history has not been disputed. CONCLUSION: 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the applicant being not named in the FIR, the case of the applicant being different from that of the named accused persons, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Smt. Jagmati @ Jaggo who is involved in aforementioned case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 7.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad