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Neutral Citation No. - 2025:AHC:138435 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25154 of 2025 Applicant :- Poonam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava, J. Heard Sri Nirbhay Singh, learned counsel for the applicants, Sri Vijendra Kumar Singh, learned AGA for the State- Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicants seeking enlargement on bail in Case Crime No. 248 of 2025, under Sections 74, 115(2) and 108 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sahawar, District Kasganj.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
21.05.2025. Learned counsel for the applicants submits that similarly circumstanced co-accused Rajiv has already been enlarged on bail by co-ordinate Bench this Court on 08.08.2025, in Criminal Misc. Bail Application No. 27348 of 2025. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicants, but could not dispute the fact that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. 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, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the accused-applicants, Poonam and Raj Kumari, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearances are 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 their bail.
Order Date :- 13.08.2025. Vinod. (Ashutosh Srivastava, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad