Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:133176 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27128 of 2025 Applicant :- Shahana Opposite Party :- State of U.P. Counsel for Applicant :- Km. Ashra,Mohd. Samiuzzaman Khan 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 applicant is innocent and has falsely been implicated in the present case. The F.I.R. was lodged against the applicant and nine named persons. The allegation against the applicant is that she solemnized marriage with the informant's son by showing her to be Priya Patel and also showing false documents in that name. Learned counsel further submits that false allegation has been levelled by the prosecution. The applicant was eloped by the informant and his son and on being informed her family members rescued her then the informant lodged false F.I.R. with frivolous allegations. There is no eye witness of the alleged incident. There is no recovery of any incriminating article from the possession or pointing out of the applicant and if any recovery is made the same is implanted upon her and is without independent witness. Three other co-accused, namely, Shri Ram Gurjar, Asif Khan and Mohd. Jainul, have already been enlarged on bail and as the case of applicant is not on the worse footing than that of the aforesaid co-accused, therefore, applicant may also be enlarged on bail. 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 languishing in jail since 07.06.2025, with no criminal history.
3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant.
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-Shahana, be enlarged on bail in Case Crime No. 35 of 2025, under Sections 319(2), 318(4), 328, 336(3), 340(2), 317(2) of B.N.S., Police Station- Khuldabad, District- Prayagraj, 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 :- 6.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad