Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 7950 (ALL)

PINKI KINNAR v. STATE OF U.P.

BAIL/1591/2025 · 2025-03-02

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:29720 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1591 of 2025 Applicant :- Pinki Kinnar Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- Abhinav Trivedi,Adarsh Kumar,G.A. Hon'ble Vivek Varma,J. 1. Case called out. Counsel for the informant is not present. 2. Heard learned counsel for the applicant, Sri Neerah Kumar Sharma, learned AGA for the State-respondent and perused the record. 3. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 646 of 2024, under Sections 308(5), 55, 115(2) BNS, Police Station Ramgarh, District Firozabad during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. No offence under section 308(5) BNS is made out against the applicant. There is no allegation in the FIR nor in the statement of the informant recorded u/s 180 BNSS about delivery of any property or valuable security as referred in section 308 BNS. In support of his submission, counsel for the applicant has placed reliance upon the judgement of the Hon'ble Supreme Court in Isaac Isanga Musumba and other Vs. State of Maharashtra and others 2014 15 SCC 357. Further, as per the medical report, the injuries sustained by the informant were found simple in nature. The applicant is in jail since 30.10.2024 having no criminal history and in case she is enlarged on bail, she will not misuse the said liberty. 5. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no allegation in the FIR nor in the statement of the informant recorded u/s 180 BNSS about delivery of any property or valuable security as referred in section 308 BNS, the injuries sustained by the injured were found simple in nature. The applicant has no criminal antecedents. The applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Pinki Kinnar, involved in the aforesaid case 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 the conditions that she: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad