Smt. Kajal vs State of U.P.

Neutral Citation No. - 2025:AHC:116830

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22972 of 2025

Applicant :- Smt. Kajal Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A.

¶5

Hon'ble Ashutosh Srivastava,J.

¶6

Heard Sri Chandrabhan Kushwaha, learned counsel for the applicant and Sri Arimardan Yadav, learned AGA for the State.

¶7

The instant bail application has been filed seeking release of the applicant-Kajal, on bail in Case Crime No. 267 of 2024, under Sections-103 (1), 238 (B), 61 (2) Police Station Baniyather, District Sambhal.

¶8

Learned counsel for the applicant submits that the applicant is the wife of the deceased, who has been falsely implicated in the present case and is languishing in jail since 16.10.2024. Learned counsel for the applicant submits that a missing report was lodged by the mother of the deceased on 13.10.2024. On 14.10.2024 the dead body of the deceased Pushpendra was lying kept in scarred condition, near Lala Ke Bagh, Village Akbarpur on which the present First Information Report has been lodged by the brother of the deceased Pushpendra. Learned counsel for the applicant submits that the applicant was not named in the First Information report. He further submits that the name of the applicant has been surfaced in the statement of the first informant and his mother with the contention that there were illicit relation between the applicant and one Ajay, and when the deceased objected the said relation, the applicant and other accused have murdered the deceased. Learned counsel for the applicant further submits that the first informant as well as his mother, P.W.-1 and P.W.-2 have turned hostile. 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. Hence, bail has been prayed for.

¶9

Per contra, learned AGA has opposed the prayer for bail but could

¶10

not dispute the argument on facts advanced by learned counsel for the applicant.

¶11

Considering all those 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.

¶12

Accordingly, the bail application is allowed .

¶13

Let the accused-applicant, Smt. Kajal , 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:

¶14

The applicant will not tamper with the evidence.

¶15

The applicant will not indulge in any criminal activity.

¶16

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

¶17

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.

¶18

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

¶19

Order Date :- 18.7.2025

¶20

Deepak/

¶21

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Smt. Kajal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Kajal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rajendra vs State of U.P.

Dinesh Kumar Maurya vs State of U.P.

Sachin vs State of U.P.

Sanjay Singh Parihar vs State of U.P.

Aniket vs State of U.P.

Subhash vs State of U.P.