Nisha vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Nisha vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail allowed: applicant Nisha to be released on bail in Case Crime No. 41 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that she shall not tamper with prosecution evidence by intimidating/pressurizing witnesses, shall cooperate in the trial sincerely without seeking adjournment, and shall not indulge in any criminal activity after release; sureties to be verified before the release order; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Nisha, arraigned in Case Crime No. 41 of 2025 under Sections 3, 4, 6 of the Immoral Traffic (Prevention) Act, P.S. Kaushambi, District Ghaziabad, should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel for the parties, nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits, and keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without seeking adjournment; no indulgence in criminal activity after release); breach of any condition shall be a ground for cancellation of bail, and sureties are to be verified before issuance of the release order.

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Criminal Misc. Bail Application No. 7323 of 2025, order dated 11.3.2025: Bail application of applicant Nisha, involved in Case Crime No. 41 of 2025 under Sections 3, 4, 6 of the Immoral Traffic (Prevention) Act, P.S. Kaushambi, District Ghaziabad, allowed during pendency of trial. Considering the nature of offence, evidence, complicity of accused, and the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. (S.L.P.(Crl.) No. 5191 of 2021), and without expressing any opinion on merits, the Court directed release on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with prosecution evidence, sincere cooperation in trial without adjournments, and abstention from criminal activity; breach of any condition to be a ground for cancellation of bail. Applicant had been in custody since 22.01.2025.

Neutral Citation No. - 2025:AHC:35692

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7323 of 2025 Applicant :- Nisha Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sri Vivek Singh, Advocate, holding brief of Sri Shyam Shankar Mishra, learned counsel appearing for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant Nisha with a prayer to release her on bail in Case Crime No.41 of 2025, under Sections 3, 4, 6 The Immoral Traffic (Prevention) Act, P.S. Kaushambi, District Ghaziabad during pendency of the trial.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Allegation alleged in the FIR is not supported by any evidence and prosecution story is also not supported by any independent witness. Applicant is a lady and major having no concern with the alleged incident. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 22.01.2025 and in case she is enlarged on bail she will not misuse the liberty of bail.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Nisha, who is involved in the aforesaid case crime, be released on bail on her furnishing a personal bond 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.

i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

Order Date :- 11.3.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad