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2025 DAILYLAW 79552 (ALL)

ARTI v. STATE OF U.P.

BAIL/25926/2025 · 2025-08-19

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143239 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25926 of 2025 Applicant :- Arti Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.,Jitendra Kumar,Keshav Hari Dixit,Purushottam Dixit Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Akash Mishra, learned counsel for the applicant, Sri Purushottam Dixit, learned counsel for the first informant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Arti, seeking enlargement on bail in Session Case No. 936 of 2024 arising out of Case Crime No. 547 of 2020, under Sections 304B, 498A, 302 IPC and 3/4 D.P. Act, Police Station- Kotwali, District Etawah. 3. 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 09.07.2025. It is submitted that similarly placed co-accused, Smt. Surajmukhi, Rishiraj Singh and Rakesh Kumar have already been enlarged on bail of by coordinate Bench of this Court by order dated 30.05.2023, 16.02.2024 and 16.02.2024, passed in Criminal Misc. Bail Application No. 51734 of 2021, 42234 of 2023 and 52212 of 2021. He further submitted that since the role of the applicant is identical to that of co-accused, Smt. Surajmukhi, Rishiraj and Rakesh, who have already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. 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. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Arti 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. 8. 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 :- 20.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad