Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 61321 (ALL)

SHIVANI v. STATE OF U.P.

BAIL/17452/2025 · 2025-05-20

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:85687 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17452 of 2025 Applicant :- Shivani Opposite Party :- State of U.P. Counsel for Applicant :- Ritesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ritesh Kumar Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 93 of 2025, under Sections 108, 238(B), 61(2), 3(5) B.N.S., Police Station Shivli, District Kanpur Dehat during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is sister of the deceased and as per allegation her sister was having affair with some other person and due to this reason she along with other family members scolded her and due to this reason she committed suicide but entire allegation leveled against the applicant is totally false. 4. He further submits, even if the allegations are accepted then also it cannot be said that due to the abetment of the applicant deceased committed suicide. 5. He further submits, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 21.03.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the nature of allegation leveled against applicant and the fact that applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 21.03.2025, in my view, applicant is 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 applicant - Shivani 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 his 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. 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 applicant. 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 :- 21.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad