Smt. Jyoti Sagar Vs State of U.P.

Neutral Citation No. - 2025:AHC:111889

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19046 of 2025

Applicant :- Smt. Jyoti Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Pratik Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Pratik Kumar, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.208 of 2025, under Sections-61(2), 352, 308(3) and 231 of BNS, 2023, Police Station-Kavinagar, District-Ghaziabad, during the pendency of the trial.

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Contention of learned counsel for the applicant is that applicant has lodged an FIR against three persons on 25.02.2025 for making allegation of abduction and rape. Though, there was an injury on the person of the applicant but only on the basis of hearsay evidence, police concluded that the applicant has falsely implicated the aforesaid accused and on that basis, the applicant has been implicated and chargesheet has been filed on 28.04.2025. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and she is languishing in jail since 28.02.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions

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of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Smt. Jyoti Sagar involved in the aforementioned 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, with the following conditions:-

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i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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