Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32397 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, 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.42 of 2025, under Sections 319(2), 318(4), 336(3), 338, 339, 340(2), 61(2) B.N.S. and 14B Foreigners Act, Police Station Shohratgarh, District Siddharth 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 was arrested by the police from no man's land carrying incomplete documents for visiting India, although she had documents pertaining to visit Indo-Nepal Border. She has nothing to do with the said offence. Thailand is friendly country to India and even it is a policy that the VISA shall be granted at arrival and so was the case of the applicant.
5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 05.04.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application on the Versus Counsel for Applicant(s) : Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A. Yaowalak Nagamphat .....Applicant(s) State of U.P. .....Opposite Party(s)
ground that in all two driving licence and six mobile phones were recovered from the possession of three accused persons, as such, the applicant is not entitled for bail.
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 VISA status between the countries and the fact that the applicant has no criminal antecedents to her credit, 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.
8. Let the applicant- Yaowalak Nagamphat, 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 22, 2025 (Ravi Kant) BAIL No. 32397 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad