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Neutral Citation No. - 2025:AHC:59828 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2568 of 2025 Applicant :- Parul Opposite Party :- State of U.P. Counsel for Applicant :- Pratik Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pratik Kumar, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Parul, seeking enlargement on bail in Case Crime No. 408 of 2024, under Sections 3/4/6 of the Immoral Traffic (Prevention) Act, 1956, Police Station- Shalimar Garden, District- Ghaziabad.
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 05.08.2024.
Learned counsel for the applicant submits that the applicant has not committed any offence as alleged by the prosecution. There is no independent witness of the present case. In order to buttress his submission, learned counsel for the applicant drawn attention of the Court towards benefit of Section 480 of B.N.S.S. whereby the applicant is entitled for bail. The applicant 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.
Learned counsel for the applicant submits that chargesheet has already been submitted by the Investigating Officer in the matter and no useful purpose would be served by detaining the applicant. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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, period of detention, proviso of Section 480 B.N.S.S. 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, Parul, 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:
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 her 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 her bail.
Order Date :- 22.4.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad