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2025 DAILYLAW 61288 (ALL)

DR HUSNA MEHJABI v. STATE OF U.P.

BAIL/17489/2025 · 2025-07-23

Krishan Pahal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:121503 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17489 of 2025 Applicant :- Dr Husna Mehjabi Opposite Party :- State of U.P. Counsel for Applicant :- Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.,Mohit Kumar Tiwari,Shiv Manorath Shukla Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satya Dheer Singh Jadaun, learned counsel for the applicant and Sri Mohit Kumar Tiwari, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 120 of 2025, under Section 89 of BNS, Police Station - Colonelganj, District - Prayagraj, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the mother-in-law of the deceased person and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. She is not named in the FIR. The FIR itself is delayed by about two days from the date of alleged act of MTP and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the applicant is stated to be the lady, who has treated the deceased person and had conducted the Medical Termination of Pregnancy (MTP). There is no malafide intention of the applicant. There is a consent letter signed by the boyfriend of the deceased person. 6. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 18.04.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that there is a consent letter signed by the boyfriend of the deceased person, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Dr Husna Mehjabi, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 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:- 24.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad