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2025 DAILYLAW 9521 (ALL)

JAYSHREE v. STATE OF U.P.

BAIL/2966/2025 · 2025-02-13

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21589 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2966 of 2025 Applicant :- Jayshree Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Learned counsel for the applicant submits, bail application of the applicant was dismissed by the court concerned for offence under Section 103 B.N.S. and in other offences but subsequently when it was revealed that applicant has been challaned for offence under Section 103 (1) BNS then he filed fresh bail application before the court concerned and on 01.02.2025 her bail application for offence under Section 103 (1) B.N.S. has been rejected and bail rejection order of the court concerned has been annexed along with the supplementary affidavit dated 06.02.2025, therefore, he may be permitted to make necessary correction in the prayer clause of the instant bail application. 3. Learned A.G.A. is having no objection. 4. In view of the above learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the instant bail application. 5. Heard Sri Ashish Dwivedi, Advocate holding brief of Sri Bipin Pal Singh, learned counsel for the applicant, and Sri Ashutosh Singh, learned A.G.A. for the State-respondent. 6. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.384 of 2024, under Sections 191(2), 191(3), 103 (1) & 3(5) B.N.S., Police Station-Kotwali, District-Budaun during pendency of the trial. 7. Learned counsel for the applicant submits, on the basis of false allegation application has been made accused in the present matter along with co-accused Smt. Komal Sahu and co-accused Smt. Komal Sahu has already been released on bail by this Court vide order dated 22.1.2025 passed in Criminal Misc. Bail Application No. 46178 of 2024 and on facts case of applicant is at par with her. 8. He further submitted that applicant is also a lady and she is not having any criminal history and in the present matter, she is in jail since 10.11.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the fact that similarly placed co-accused Smt. Komal Sahu has already been released on bail with a detailed order passed by this Court and applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 10.11.2024, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Jayshree be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad