Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 81494 (ALL)

SHAHIDA v. STATE OF U.P.

BAIL/27868/2025 · 2025-08-12

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:138557 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27868 of 2025 Applicant :- Shahida Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the present F.I.R. has been lodged by the victim stating that initially she had lodged an F.I.R. being Case Crime No. 594 of 2021, under Sections 376-D, 452, 506 I.P.C. against four accused, in which final report was submitted by the police after those said accused got appeared another woman claiming to be the victim of the said crime, whereas she has neither appeared before the court concerned nor she has filed any affidavit in support of final report. Learned counsel further submits that after lodging of the present F.I.R. the investigation commenced and during investigation it came into light that one accused of the previous F.I.R. got appeared the applicant before the court concerned in place of the said victim and succeeded in submission of final report. Learned counsel further submits that applicant is not named in the present F.I.R., she has no concern with the alleged incident of submitting forged documents nor she has ever appeared in the court concerned. Actually her documents has been misused. The applicant has also no concern with those accused of previous F.I.R. and there appears no interest of the applicant that either charge sheet or final report would be filed in that crime. There is no handwriting expert report regarding signature of applicant in the aforesaid affidavit filed in support of final report and she has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. He next submits that the applicant is in jail since 19.05.2025, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Shahida, be enlarged on bail in Case Crime No. 605 of 2024, under Sections 319(2), 318(4), 336(3), 340(2), 61(2) of B.N.S., Police Station- Civil Line, District- Moradabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 13.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad