Kamla Ariel Vs State of U.P.

Neutral Citation No. - 2025:AHC:144510

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20509 of 2025

Applicant :- Kamla Ariel Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Sri Deepak Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Kamla Ariel , seeking enlargement on bail in Case Crime No. 156 of 2024, under Sections 329 (4), 111 (2) (Kha), 111 (3), 61 (2), 3 (5) BNS and Section 3/5 The Prevention of Damage to Public Property Act 1984, Police Station Kotwali, District Kanpur Nagar.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. She has been falsely implicated in this case crime number and is languishing in jail since 07.09.2024. She 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.

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Learned counsel for the applicant submits that intitally the FIR was lodged under Section 329 (4) BNS and Section 3/5 of the Prevention of Damage to Public Property Act, 1984, but during the course of investigation investigating officer added Sections 61 (2), 111 (2) (Kha), 111 (3), 3 (5) BNS against the applicant. The applicant has not committed any offence as alleged in the FIR. The applicant has not tried to grab the land as alleged in the FIR. No specific role has been assigned to the applicant and general role has been assigned to all the accused parsons. It is submitted that neither the applicant damaged any public property nor he has tried to encroach any land but her name has been falsely implicated in the present case under the pressure and influence of higher officials of police authority and nothing material is available on record to show the involvement of the applicant in the present

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case. In fact the applicant has neither any aggrieved party nor concerned in any manner with the alleged land in dispute. The applicant is old lady aged about 70 years and suffering from several old age ailments. There is no direct or indirect evidence is available on record to show the complicity of the applicant in the present case. Hence, bail has been prayed for.

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Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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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 and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Kamla Ariel 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:

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i. The applicant will not tamper with the evidence.

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ii. The applicant will not indulge in any criminal activity.

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iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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iv. 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.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.

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Order Date :- 20.8.2025 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Kamla Ariel v. State of U.P.

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