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2025 DAILYLAW 91823 (ALL)

MAYA v. STATE OF U.P.

BAIL/30353/2025 · 2025-09-10

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30353 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Sri D.K. Mishra, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record. 2. Heard Sri Raja Ram Kushwaha, learned counsel for the applicant, Sri D.K Mishra, learned counsel for the informant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Maya, seeking enlargement on bail in Case Crime No. 216 of 2025, under Sections 191 (2), 333, 115 (2), 352, 351 (3), 108 BNS, Police Station- Maudaha, District- Hamirpur. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 11.07.2025. It is submitted that similarly placed co-accused, Kapoori has already been enlarged on bail of by coordinate Bench of this Court by order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 30710 of 2025. He further submitted that since the role of the applicant is identical to that of co-accused, Kapoori, who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting Versus Counsel for Applicant(s) : Raja Ram Kushwaha Counsel for Opposite Party(s) : G.A. Maya .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Maya involved in above mentioned case crime number be released on bail, on her 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. September 11, 2025 v.k.updh. BAIL No. 30353 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad