Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:86442 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17560 of 2025 Applicant :- Smt. Pushpa Opposite Party :- State of U.P. Counsel for Applicant :- Kusum Lata Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Ms. Kusum Lata, learned counsel for the applicant and Sri Manav Chaurasiya, learned A.G.A. for the State-respondent.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.282 of 2024, under Section 108 B.N.S., Police Station Gangiri, District Aligarh, during pendency of the trial.
3. Learned counsel for the applicant submits that applicant is jethani of the deceased and as per allegation, due to the abetment of the applicant and her other family members including husband of the deceased, deceased committed suicide but entire allegation levelled against applicant is totally false.
4. She further submits that even husband of the deceased namely Rajesh Alias Popi has been released on bail by this Court vide
order dated 03.04.2025 passed in Criminal Misc. Bail Application No.10705 of 2025 and on facts, case of applicant is on better footing than him.
5. She further submits that applicant is a lady and she is having no criminal history and she is in jail in the present matter since
27.03.2025.
6. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.
7. I have heard both the parties and perused the record of the case.
8. Considering the argument advanced by learned counsel for the applicant and the fact that applicant is jethiani of the deceased and
bail application of husband of the deceased namely Rajesh Alias Popi has been allowed by this Court vide order dated 03.04.2025 and applicant is a lady and she is having no criminal history and she is in jail in the present matter since 27.03.2025, 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- Smt. Pushpa 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.
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 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad