Vibha vs State of U.P.

The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 500 of 2024, under sections 316(2), 319(2), 318(4) BNS, Police Station - Lanka, Districtgd - Varanasi.

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Learned counsel appearing on behalf of the applicant/petitioner has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. It is submitted that the allegation made in the FIR is mainly against co-accused Sumer Singh, who has given the assurance to the informant for marrying his sister-in-law who was living at Varanasi. On his trust, the informant Ghanshyam agreed and went to see the girl namely Sangeeta at Varanasi alongwith his brother and gave his consent to marry with Sangeeta. The marriage was solemnized on 7.12.2024 but bride was not Sangeeta. It is alleged that in place of Sangeeta the bride was present applicant i.e. Vibha. It is submitted that the entire allegation is against Vibha without evidence. Nothing is on record to link the present applicant with the instant allegation as made in the FIR.

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It is further submitted that there is no previous criminal history against the applicant. The present applicant is a lady aged about 23 years.

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It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. She is languishing in jail since 20.12.2024. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court.

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Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application and submitted that applicant is a member of syndicate working fake marriages in the number of States like UP, MP, Chhattishgarh, Rajasthan and Jharkhand and other States. Therefore, taking into consideration the role of the applicant, the applicant is not entitled for any leniency by this Court for the purpose of granting bail to her. There is no merit in the bail application for granting bail as prayed by the applicant. The application deserves to be dismissed. However, the learned AGA has not contradicted that the applicant is having any previous criminal history.

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Heard learned counsel for the applicant, learned AGA for the State, perused the material available on record.

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I have gone through the contents made in the application as well as the documents appended with the application and perused the affidavit. The allegation against the applicant is that she performed the role of fake bride (Dulhan) in a wedding ceremony of the informant. However, the main allegation has been levelled against one Sumer Singh, who entangled the informant to get his marriage done with his sister-in-law. Investigation in the matter has already been completed and charge sheet has been filed.

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Learned AGA has not brought any material or facts on record to establish that the applicant has misused the bail condition and did not cooperate in the trial.

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Taking into consideration of aforesaid reasons as stated above, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

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Let the applicant - Vibha who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees Fifty thousand 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.

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(i). The applicant shall not tamper with the evidence.

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(ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall

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be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.4.2025 S.K.S.

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(Chandra Dhari Singh,J.)

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Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad

Vibha v. State of U.P.

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Vibha v. State of U.P.

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