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2025 DAILYLAW 74986 (ALL)

MAMTA BHARTIYA v. STATE OF U.P.

BAIL/24486/2025 · 2025-07-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115733 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24486 of 2025 Applicant :- Mamta Bhartiya Opposite Party :- State of U.P. Counsel for Applicant :- Farhan Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Farhan Khan, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 35 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(2) of B.N.S., Police Station - Khuldabad, District - Prayagraj, during the pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant was neither named in the first information report nor her name surfaced in the statement of co-accused. She was subsequently arrested by the police only because her sister Priya Patel was named accused in the first information report by showing recovery of Rs. 5000/- from the possession of the applicant. It is further submitted that co-accused, Mohd. Jainul, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 11.07.2025 passed in Criminal Misc. Bail Application No. 23947 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant is a lady and has no criminal antecedents to her credit. She is languishing in jail since 07.06.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co-accused who has already been released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Mamta Bhartiya involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 17.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad