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Neutral Citation No. - 2025:AHC:106339 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22453 of 2025 Applicant :- Priyanka Opposite Party :- State of U.P. Counsel for Applicant :- M.S. Chauhan,Shivkumari Chauhan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 38 of 2025, under Sections 60(1), 60(2) of Excise Act and Sections 274, 275, 3(5) B.N.S., Police Station Bansdeeh, District Ballia during the pendency of trial. 3-Main substratum of argument of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. The applicant is not involved in manufacturing, selling or transporting of illicit liquors. There is no credible evidence against the applicant to connect her with the said offence. It is next contended by learned counsel for the applicant that the case of the applicant stands on identical footing to that of co- accused Sarita Rajbhar, Pintu Rajbhar, Miththu Rajbhar, Makun Rajbhar @ Srinath, Suman, Rima Rajbhar and Pinki, who have been granted bail by the co-ordinate Bench of this Court vide orders dated 18.04.2025, 25.04.2025, 14.05.2025, 19.05.2025, 20.05.2025, 26.05.2025 and 30.05.2025 in Criminal Misc. Bail Application Nos. 12636 of 2025, 13629 of 2025, 13442 of 2025, 13373 of 2025, 13391 of 2025, 13074 of 2025 and 13828 of 2025 respectively,
hence, the applicant is also entitled for bail on the ground of parity. Lastly, it is submitted by the
learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 28.02.2025 and in case, the applicant is released on bail, she will not misuse the liberty of bail and cooperate with the trial. 4-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be ad-judged at pre-trial stage but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Sarita Rajbhar, Pintu Rajbhar, Miththu Rajbhar, Makun Rajbhar @ Srinath, Suman, Rima Rajbhar and Pinki, under similar accusation, have been granted bail, as noted above. 6-Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. 7-Let the applicant-Priyanka be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the
expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after her release, the applicant shall not involve in any criminal activity. 8-The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 7.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad