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2025 DAILYLAW 70265 (ALL)

MADHUBALA v. STATE OF U.P.

BAIL/23013/2025 · 2025-07-17

Ashutosh Srivastava

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:116695 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23013 of 2025 Applicant :- Madhubala Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- Awdhesh Singh,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Bhuvnesh Kumar Singh, learned counsel for the applicant, Shri Raghvendra Shankar Srivastava, learned counsel holding brief of Sri Awadhesh Singh, learned counsel for the first informant and Sri Yagyavalk Pandey, 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, Madhubala, seeking enlargement on bail in Case Crime No. 75 of 2025, under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Kiratpur, District- Bijnor. The First Information Report has been lodged by maternal uncle of the deceased and the allegation in the FIR is that the deceased's step-mother along with her son and daughter (step-brother and step-sister of the deceased) has murdered the deceased by slitting his throat. 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 14.05.2025. Learned counsel for the applicant submits that the applicant is a lady and is aged about 50 years. As per the post-mortem report, cause of death is shock and haemorrhage due to ante-mortem injuries. Nothing incriminating has been recovered from possession or pointing of the applicant. 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 and the mandate of first proviso of Section 480(i)(ii) of B.N.S.S., 2023, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Madhubala, 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 :- 18.7.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad