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2025 DAILYLAW 87726 (ALL)

SMT. NAINA SHARMA v. STATE OF U.P.

BAIL/28675/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28675 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vimal Kumar, Advocate holding brief of Sri Ram Shiromani Yadav, learned counsel for the applicant, Sri Manish Kumar Pandey, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.256 of 2025, under Sections 109(1), 351(3), 61(3) B.N.S., Police Station-Bahjoi, District-Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established illicit relationship with her brother-in-law-Ashish Mishra and as such had attempted to commit murder of the informant and her children on 03.07.2025 at about 02:30 AM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. Allegations are per se false and the FIR itself is delayed by about 22 hours and there is no explanation to the said delay caused. The injury is not on vital part of the body. The applicant is a lady who has been falsely implicated in the case as the informant was a drunkard and demanded money from the applicant. A false allegation of illicit relationship has been foisted on her. There is no criminal history of the applicant. The applicant is languishing in jail since 04.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Ram Shiromani Yadav Counsel for Opposite Party(s) : G.A., Krishna Kumar Pandey, Manish Kumar Pandey Smt. Naina Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the FIR is delayed by about 22 hours and the nature of injuries, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Smt. Naina Sharma, who is involved in aforementioned case crime 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 following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Karan BAIL No. 28675 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad