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2025 DAILYLAW 89092 (ALL)

VIJAY KUMARI v. STATE OF U.P.

BAIL/29243/2025 · 2025-09-08

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. - 29243 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Bipin Kumar, learned counsel for the applicant, Sri Sandeep Mishra, Advocate holding brief of Sri Vijay Bahadur Shivhare, learned counsel for the informant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.88 of 2025, under Sections 191(2), 191(3), 352, 109, 331(4), 3(5), 61, 103(1) B.N.S., Police Station Kurara, District Hamirpur, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. Her name has come up subsequently in the statement of the informant recorded by the Investigating Officer. Had the applicant committed the said offence, her name would have come up in the FIR itself. 6. Learned counsel for the applicant has further argued that the FIR itself is delayed by more than one day and there is no explanation of the said delay caused. There is no criminal history of the applicant. The applicant is languishing in jail since 11.04.2024 and she 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) : Bipin Kumar Counsel for Opposite Party(s) : G.A., Vijay Bahadur Shivhare Vijay Kumari .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Vijay Kumari, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 9, 2025 (Ravi Kant) BAIL No. 29243 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad