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2025 DAILYLAW 74381 (ALL)

MUNNI DEVI v. STATE OF U.P. AND 3 OTHERS

BAIL/24867/2025 · 2025-09-25

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24867 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 19.08.2025 but none is present on behalf of the informant. 2. Heard Sri Sunil Kumar Tiwari, Advocate holding brief of Sri Nagendra Kumar Singh, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 26 of 2025, under Sections 96 & 61(1) of BNS and Sections 16/17 of POCSO Act, Police Station - Moosajhag, District - Budaun, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. The victim had denied the allegation of being subjected to any kind of influence or pressure by the applicant. The applicant is the mother of the victim. 5. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 08.05.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. Versus Counsel for Applicant(s) : Nagendra Kumar Singh Counsel for Opposite Party(s) : G.A. Munni Devi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the statement of the victim and the applicant is her mother, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Munni Devi, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 26, 2025 Siddhant BAIL No. 24867 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad