Shivani Ahirwar Vs State of U.P.

Neutral Citation No. - 2025:AHC:75092

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7291 of 2025

Applicant :- Shivani Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Fakhruzzaman, learned counsel for the applicant, Sri Yagyavalka Pandey, learned AGA for the State-respondents and perused the record.

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This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Smt. Shivani Ahirwar, seeking enlargement on bail in Case Crime No. 48 of 2025, under Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956 (City Act), Police Station Cipari Bazar, District Jhansi.

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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 08.02.2025. Learned counsel for the applicant submits that only allegation upon the applicant is that she along with co-accused were involved in providing the room, bedding and other articles. The entire case of the prosecution rests upon the confession of the co-accused and the applicant which is inadmissible in evidence and therefore there is no credible or cogent evidence against the applicant. It is next submitted that apart from the confessions of the applicant and coaccused as well as the members of the police team, statement of no other independent witnesses were recorded. Landlord of the alleged flat has not been identified nor other details have been disclosed by the prosecution and no statement of any neighbors were recorded by the prosecution. No offence under the aforesaid sections is made out against the applicant and she has been falsely implicated in the present case because of malice, revenge and ulterior motive of the prosecution. Co-accused Smt. Suman Prajapati, has been granted bail by this Court in Criminal Misc. Bail Application No. 8100 of 2025, vide order dated 09.04.2025. She has no criminal antecedent and there is no chance of fleeing from course of justice or tampering with evidence in case of

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release on bail. Hence, bail has been prayed for.

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

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5.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, period of incarceration as well as mandate of the 1st Proviso of Section 480 (1) B.N.S.S. 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, Shivani Ahirwar, 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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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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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 :- 8.5.2025 Deepak/

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

Shivani Ahirwar v. State of U.P.

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