ARCHANA ALIAS MUSKAN v. STATE OF U.P. AND 3 OTHERS
BAIL/17594/2025 · 2025-05-21
Krishan Pahal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61244 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61244 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:86744
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17594 of 2025 Applicant :- Archana Alias Muskan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prashant Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Prashant Pandey, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Learned A.G.A. has informed that the notice to the informant has been served on 08.05.2025.
4. Applicant seeks bail in Case Crime No.30 of 2025, under Sections 77, 115(2), 352, 351(2), 191(2), 70(2) read with Section 61(2) B.N.S. and Section 5g/6 read with Section 16/17 POCSO Act, Police Station Mirzamurad, District Varanasi, during the pendency of trial.
5. As per prosecution story, the co-accused person Dinesh @ Bakhedu is stated to have clicked certain photographs and video recorded the act of bathing of the victim and had threatened her to make them viral on social media.
6. The applicant is stated to have called the victim and as such the co-accused person Dinesh @ Bakhedu had committed rape with her several times.
7. Learned counsel for the applicant has argued that the applicant has nothing to do with the said offence. She is a lady and has simply been falsely implicated in the present case on account of being neighbour of the co-accused person Dinesh @ Bakhedu. There is no video recovered from the applicant, rather it is stated to have been recovered from the main accused person Dinesh @ Bakhedu.
8. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is
languishing in jail since 18.03.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
9. Learned A.G.A. has vehemently opposed the bail application.
10. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no recovery of any video whatsoever from the applicant and 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.
11. Let the applicant- Archana Alias Muskan, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. 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 :- 22.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad