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2025 DAILYLAW 89904 (ALL)

REKHA MADDESHIYA v. State of U.P. AND 3 OTHERS

BAIL/31872/2024 · 2025-05-16

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:82581 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31872 of 2024 Applicant :- Rekha Maddeshiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kumar Mishra,Vinay Kumar Mishra Counsel for Opposite Party :- Akshay Upadhyay,G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Santosh Kumar Mishra, learned counsel for the applicant, Sri Akshay Upadhyay, learned counsel for the informant, Sri Anil Kumar Singh, learned AGA for the State- Respondent and perused the record. This bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 468 of 2024, under Sections 3/4/5 of the Immoral Traffic Prevention Act, 1956 and Section 16/17 of the POCSO Act, Police Station Naini, District Prayagraj. The allegation made in the FIR is that on 15.07.2024 at about 18:30 hours, after receiving information from NGO Freedom Firm for Rescue Girls, Allahabad a search was made in the house of the applicant and other co-accused and in pursuance thereof the applicant and other co-accused persons were arrested with some illegal material. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 16.07.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the incident took place on 15.07.2024 and its FIR was lodged on 16.07.2024 without given any explanation for delay in lodging the FIR. Nothing has been recovered from the possession of the applicant. The alleged recovery was made from the house of co- accused Sanjay Nishad but there is no any independent witnesses are shown in the present case. It is further submitted that the co- accused Rukhasana has been granted bail by this Court vide order dated 28.04.2025 passed in Criminal Misc. Bail Application No. 5532 of 2025, therefore, applicant is also entitled to be released on bail. Hence, bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rekha Maddeshiya, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 17.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad