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2025 DAILYLAW 93689 (ALL)

RUBY v. STATE OF U.P. AND 3 OTHERS

BAIL/30964/2025 · 2025-09-16

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. - 30964 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Pawan Kishore, learned counsel for the applicant and Sri Mahendra Kumar Sharma, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 0329 of 2025, under Sections 137(2), 351(3) of BNS and Section 3/4 of POCSO Act, Police Station Khalilabad, District Sant Kabir Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence. 5. Learned counsel has next stated that the allegations are per se false. The case of sexual assault has been falsely foisted on the applicant. The victim is a 17 years old boy and it is not possible to commit the said offence as narrated by him in his statement recorded under section 183 BNSS, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 30.06.2025 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) : Mahendra Pratap Yadav, Pavan Kishore Counsel for Opposite Party(s) : G.A., Mahendra Kumar Sharma Ruby .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. Learned State Law Officer as well as learned counsel for the informant 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 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- Ruby, 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 the 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 17, 2025 Sumit S BAIL No. 30964 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad