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2025 DAILYLAW 65213 (ALL)

RUBI v. STATE OF U.P.

BAIL/19780/2025 · 2025-07-08

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:110430 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19780 of 2025 Applicant :- Rubi Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Kapil Tyagi, learned counsel for the applicant, Shri Rohit Ranjan Pandey, learned counsel for the informant, Sri Anil Kumar Singh, learned State Law Officer and perused the record. 2. This bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No.564 of 2024, under Section 103 of B.N.S., Police Station Sector 63 Noida, District Gautam Buddha Nagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent; she has been falsely implicated in this very case crime number and is languishing in jail since 06.05.2024; she has explained his criminal history and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail; initially F.I.R. was lodged u/s 109, 351(2) and 61(2) of B.N.S. and applicant has been granted bail by the court below vide order dated 03.01.2025; during investigation section 103 B.N.S. has been added by the Investigating Officer; nothing incriminating has been recovered from the possession or pointing out of the applicant; applicant has no motive to commit the alleged offence; there is no credible evidence against the applicant; all the witnesses are interested witnesses. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 5. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Rubi, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 9.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad