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Neutral Citation No. - 2025:AHC:36405 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31266 of 2024 Applicant :- Prem Kumari @ Pinki Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. This is the second bail application. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 159 of 2023 at Police Station Mauranipur, District Jhansi under Sections 302, 201, 34 IPC. The applicant is in jail since 23.03.2023. The first bail application of the applicant was rejected by this Court on 12.02.2024. The following arguments made by Sri Aishwarya Pratap Singh, learned counsel assisted by Sri Amiruddin Siddique, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail:
1. The applicant is a law abiding citizen who cooperated with the police investigations and had joined the trial. 2. The applicant never influenced witnesses or tampered with the evidence. 3. The applicant did not adopt dilatory tactics or impede the trial proceedings. 4. The prosecution evidence has concluded. There is no possibility of the applicant influencing any of the witnesses. 5. The applicant has no criminal history apart from the instant case. 6. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In wake of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant - Prem Kumari @ Pinki be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. It is further directed that in case any accused person who has been enlarged on bail does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court. Order Date :- 12.3.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad