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2025 DAILYLAW 7022 (ALL)

SANTOSHI KUMAR v. STATE OF U.P.

BAIL/1162/2025 · 2025-02-16

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22542 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1162 of 2025 Applicant :- Santoshi Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Abhay Kumar, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 279 of 2024, under Sections 363, 366, 370, 506 IPC, Police Station- Ghughali, District- Maharajganj during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is lady and during investigation, she has been made accused in the present matter along with co-accused Sheela Chauhan and after considering entire facts of the case in detail, co-accused Sheela Chauhan has been released on bail by this Court and her bail order has been annexed at page no. 50 of the paper book and case of applicant is at par with her. 4. He further submitted that applicant is not having any criminal history and she is in jail in the present matter since 12.09.2024. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Sheela Chauhan has been released on bail by this Court and applicant is lady and she is not having any criminal history and she is in jail in the present matter since 12.09.2024, in my view applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant- Santoshi Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.2.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad