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

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

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Reena in Case Crime No. 632 of 2024 on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance on trial dates); breach of conditions permits the court below to cancel bail.

Issue for consideration

Whether accused-applicant Reena, charged in Case Crime No. 632 of 2024 under Sections 191(2), 191(3), 109(1), 190, 352, 351(3), 117(2), 118(1) B.N.S. and Section 11 of the Prevention of Cruelty to Animals Act 1960, should be enlarged on bail. +1 more

Court's answer

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

Ratio / Principle

The bail application is allowed and accused-applicant Reena is to 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.

Key takeaways

Release is subject to conditions: the applicant will not tamper with evidence, will not indulge in criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial, and will appear regularly on every date fixed by the trial court unless exemption through counsel is granted; in the event of breach of any condition, the court below is at liberty to cancel her bail.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ashutosh Srivastava, J.), Criminal Misc. Bail Application No. 8325 of 2025 (Order Date 10.3.2025): bail ALLOWED to applicant Reena, booked in Case Crime No. 632 of 2024 (Police Station Bahjoi, District Sambhal) on FIR dated 16.11.2024 under Sections 191(2), 191(3), 109(1), 190, 352, 351(3), 117(2) and 118(1) B.N.S. and Section 11 of the Prevention of Cruelty to Animals Act 1960, for an alleged attack with Bhala on a bull and on the informant's party. Counsel argued innocence, false implication, only a general role (no specific role) assigned, nothing incriminating recovered, no criminal antecedent, custody since 17.02.2025, and parity with co-accused Mustafa and Usman already bailed (orders dated 14.02.2025 and 4.3.2025 in Crl. Misc. Bail Application Nos. 1846 and 7510 of 2025); the learned AGA opposed but conceded no specific role was assigned. Without commenting on merits, the Court found a case for bail made out and ordered release on a personal bond and two reliable sureties each, subject to conditions of non-tampering, abstention from criminal activity, no intimidation of witnesses with trial cooperation, and regular trial attendance; breach entitles the court below to cancel bail.

Neutral Citation No. - 2025:AHC:34460

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8325 of 2025

Applicant :- Reena Opposite Party :- State of U.P. Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J .

Heard Mohammad Nadeem, learned counsel for the applicant and Shri S.K. Ojha, learned AGA for the State-respondents and perused the record.

This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accusedapplicant, Reena, seeking enlargement on bail in Case Crime No. 632 of 2024, under Section 191 (2), 191 (3), 109 (1), 190, 352, 351 (3), 117 (2), 118 (1) B.N.S. and Section 11 of Prevention of Cruelty to Animals Act 1960, Police Station-Bahjoi, DistrictSambhal.

Learned counsel for the applicant argued that the accusedapplicant is innocent. She has been falsely implicated in this very case crime number. First Information Report has been lodged on 16.11.2024 against seven named persons including the applicant with the allegation that accused persons have attacked a bull with Bhala, when the informant said them to give treatment they attacked upon them. General role has been assigned to the applicant. No specific role has been assigned against the applicant. Nothing incriminating has been recovered from the applicant. Applicant is in jail since 17.02.2025. 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. Coaccused namely Mustafa and Usman have already been released on bail vide orders dated 14.02.2025 and 4.3.2025 passed by this Court in Crl. Misc. Bail Application Nos. 1846 of 2025 and 7510 of 2025. Hence, bail has been prayed for.

Learned AGA has vehemently opposed, but could not dispute the fact that no specific role has been assigned to the applicant.

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.

Accordingly, the bail application is allowed.

Let the accused-applicant, Reena, 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:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

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

4. 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.

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

Order Date :- 10.3.2025 VS

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