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Neutral Citation No. - 2025:AHC:114041 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20156 of 2025 Applicant :- Smt Hirawati Opposite Party :- State of U.P. Counsel for Applicant :- Indra Jeet Yadav,Raees Ahamad,Rehan Ahamad,Sharad Kumar Srivastava Counsel for Opposite Party :- Dharmendra Kumar Singh,G.A.,Sanjay Kumar Yadav,Vijay Laxmi Hon'ble Ashutosh Srivastava,J.
1. Matter was mentioned on the ground of parity. In the first round,
learned counsel for the informant did not appear. The Court had required the learned counsel for the applicant to serve notice upon Sri Sanjay Kumar Yadav, learned counsel for the first informant. Notice has been duly served upon Sri Sanjay Kumar Yadav, through his clerk.
2. Case called out. Pursuant to the notice, Sri Sanjay Kumar Yadav,
learned counsel for the first informant is not present.
3. Heard Shri Sanjay Kumar, Advocate, holding brief of Sri Sarad Kumar Srivastava, Sri Raees Ahmad, learned counsels for the applicant as well as Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record.
4. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Smt. Hirarwati, seeking enlargement on bail in Case Crime No. 62 of 2025, under Sections 103 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Badlapur, District Jaunpur. The bail application of the applicant in the court below was rejected by the learned Sessions Judge, Jaunpur, vide
order dated 17.05.2025.
5. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.02.2025.
Learned counsel for the applicant submits that similarly circumstanced co-accused Smt. Urmila Yadav has already been enlarged on bail by co-ordinate Bench of this Court on 30.05.2025,
passed in Criminal Misc. Bail Application No. 17557 of 2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
6. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court.
7. Considering all above 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.
8. Accordingly, the bail application is allowed.
9. Let the accused-applicant, Smt. Hirawati, involved in above mentioned case crime number be released on bail, on her 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 her personal appearance is exempted through counsel by the court concerned.
10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 15.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad