Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 98386 (ALL)

BITTU ALIAS ANITA v. STATE OF U.P.

BAIL/32485/2025 · 2025-09-21

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. - 32485 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Manoj Kumar, learned counsel for the applicant as well as 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.456 of 2025, under Sections 98, 319(2), 318(4), 336(3), 340(2) B.N.S. and 3, 4, 7 of Immoral Traffic (Prevention) Act, 1956, Police Station- Chiluwatal, District- Gorakhpur, 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. The applicant is stated to be running the brothel where the said offence of immoral trafficking was being committed. The other co-accused persons are stated to have lured the victims. The applicant is stated to have known the victim for about three years. The said allegations are per se false. 5. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.7.2025 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. Versus Counsel for Applicant(s) : Manoj Kumar Counsel for Opposite Party(s) : G.A. Bittu Alias Anita .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, prima facie, 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- Bittu Alias Anita, 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 pressurize/intimidate 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 Vikas Verma BAIL No. 32485 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad