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2025 DAILYLAW 67283 (ALL)

SHAILY TYAGI @ RUPALI TYAGI v. STATE OF U.P.

BAIL/20740/2025 · 2025-07-06

Ashutosh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:105881 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20740 of 2025 Applicant :- Shaily Tyagi @ Rupali Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Balbeer Singh,Jaswant Singh Counsel for Opposite Party :- G.A.,Mithilesh Kumar Tiwari Hon'ble Ashutosh Srivastava,J. Heard Sri Balbeer Singh, learned counsel for the applicant, Sri Anand Sagar Shukla, Advocate, holding brief of Sri Mithilesh Kumar Tiwari, learned counsel for the informant and Sri Vijendra Kumar, learned A.G.A. for the State. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 67 of 2025, under Sections 103(1), 61(2) of B.N.S., Police Station Kotwali Dehat, District Bijnor, during pendency of the trial. Learned counsel for the applicant submits that the First Information report in the present matter lodged on 20.04.2025 at 11.34 hours against four named accused persons including the applicant herein. As per the FIR, on 20.04.2025 at about 9.20 a.m., when the first informant was going to the market with her daugther Bhawna and Akansha, accused Shivang came there by his motorcycle and shot his daughter Bhawna on her head and ran away from the spot, Bhawana was taken to the hospital, where she was declared dead. It is further submitted that applicant has been falsely implicated in this case by the first informant. The applicant has never made any conspiracy nor participated in the alleged crime and no offence under aforesaid section is made out against her. Investigation is going on and charge-sheet is yet to be submitted in this case. Applicant is a 48 years old lady and suffering from serious stroke of Epilepsy. 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. She is in jail since 29.04.2025. Hence, bail has been prayed for. Per contra, learned AGA as well as learned counsel for the first informant opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Shaily Tyagi @ Rupali Tyagi, 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 her 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 :- 7.7.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad