Reshma and Another vs State of U.P. and Another — Bail and Remand | Allahabad HC (2025)

Reshma and Another vs State of U.P. and Another — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Accused-applicants Reshma and Sheeba to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions against tampering with evidence, indulgence in criminal activity, pressurising/intimidating prosecution witnesses, and requiring regular appearance before the trial court; breach entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicants Reshma and Sheeba should be enlarged on bail in Case Crime No. 13 of 2025, under Sections 137(2), 87, 61(2) of BNS, Police Station Kithore, District Meerut.

Court's answer

Considering the facts and circumstances, the nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on the merit of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed; the accused-applicants Reshma and Sheeba are to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses, cooperation in trial and regular appearance before the trial court); in the event of breach, the court below may proceed to cancel their bail.

Detailed headnote1 paragraphs

Bail application under Section 483 BNSS by accused-applicants Reshma and Sheeba in Case Crime No. 13 of 2025, Police Station Kithore, District Meerut, under Sections 137(2), 87, 61(2) of BNS, arising from an FIR dated 10.01.2025 alleging that the 17-year-old daughter of the first informant was enticed away by co-accused Rashid and took Rs. 5,93,000/- cash and 80 gram gold and expensive clothes. Counsel for the applicants contended that the applicants were not named in the FIR, were falsely implicated due to the sister-in-law of co-accused Rashid, that the victim's statement under Section 180 BNS contained no allegation against them, that the alleged victim is major, that applicant No. 2 is over eight months pregnant, that no charge-sheet had been filed, that they were in jail since 11.01.2025, and that they had no criminal antecedents. Learned AGA opposed the prayer but could not dispute these facts. Without commenting on the merits, the Court held that a case for bail was made out and allowed the application, directing release on a personal bond with two reliable sureties each, subject to conditions (no tampering with evidence, no criminal activity, no intimidation of prosecution witnesses, regular appearance before the trial court), with liberty to the court below to cancel bail on breach.

Neutral Citation No. - 2025:AHC:33872

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4360 of 2025

Applicant :- Reshma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard learned counsel for the applicants, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 BNSS has been moved on behalf of accused-applicants, Reshma and Sheeba, seeking enlargement on bail in Case Crime No. 13 of 2025, under Sections 137(2), 87, 61 (2) of BNS, Police Station Kithore, District Meerut.

The allegation made in the FIR is that on 10.01.2025, at 41:00 a.m., minor daughter of the first informant, aged about 17 years, enticed away by co-accused Rashid, which was seen by one Naresh. It is further alleged that the daughter of the informant took Rs. 5,93,000/- cash and 80 gram gold expensive clothes. .

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this case. It is submitted that the applicant is not named in the FIR. The applicants have been falsely implicated in the rape case due to sister-in-law of the co-accused Rashid. The victim was recovered by the police and the statement of victim under Section 180 BNS was recorded in which the victim has not made any allegation against the applicants. The alleged victim is major. The applicant No. 2 is pregnant lady of more than 8 months and the police has not filed any charge-sheet against the applicants. The applicants are languishing in jail since 11.01.2025. The applicants have no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. They have fully innocent and nothing to do with the alleged crime in any manner. Hence, bail has been prayed for.

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

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.

Accordingly, the bail application is allowed .

Let the accused-applicants, Reshma and Sheeba, involved in above mentioned case crime number be released on bail, on their 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:

The applicants will not tamper with the evidence.

The applicants will not indulge in any criminal activity.

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

The applicants will appear regularly on each and every date fixed by the trial court, unless his 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 their bail.

Order Date :- 6.3.2025 v.k.updh.

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