Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67235 (ALL)

SMT NEERAJ v. STATE OF U.P.

BAIL/20618/2025 · 2025-08-03

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:130390 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20618 of 2025 Applicant :- Smt Neeraj Opposite Party :- State of U.P. Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- Abhishek Kumar Saroj,G.A.,Nagendra Bahadur Singh Hon'ble Ashutosh Srivastava,J. Counter affidavits filed by learned counsel for the informant as well as by learned AGA in the Court today are taken on record. Heard Shri Manish Kumar Singh, learned counsel for the applicant, Shri Nagendra Bahadur Singh, learned counsel for the informant and Sri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Smt Neeraj, seeking enlargement on bail in Case Crime No. 14 of 2025, under Sections 103(1), 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Sikandara, District- Kanpur Dehat. There is allegation in the First Information Report that on 23.01.2025 at about 06:00 pm, the applicant made a phone call to the son (now deceased) of the informant and called him on the field and along with her husband and brother-in-law, murdered the deceased by causing head and body injury by using sharp edge weapon. 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 25.01.2025. Learned counsel for the applicant submits that there is only allegation of making phone call to the deceased has been levelled against the applicant and no specific allegation has been made her. Nothing incriminating has been recovered from possession or pointing of the applicant. He further submits that as per the statement of the circumstantial witnesses, none has named the applicant and no allegation has been made against her and presence of co-accused has been shown on the place of incident. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. 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, mandate of Section 480 (i)(ii) of B.N.S., but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Smt Neeraj, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 4.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad