Habiba @ Suman @ Muskan @ Priyanka vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

Habiba @ Suman @ Muskan @ Priyanka vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Habiba @ Suman @ Muskan @ Priyanka to be released on bail in Case Crime No. 26 of 2026 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) she shall not tamper with the prosecution evidence; (ii) she shall not pressurize the prosecution witnesses; (iii) she shall appear on each and every date fixed by the trial Court, personally or through counsel; the trial court may impose any other condition it deems fit.

Issue for consideration

Whether the applicant, Habiba @ Suman @ Muskan @ Priyanka, involved in Case Crime No. 26 of 2026 under Sections 308(6), 309(3), 318(4), 319(1), 351(3), 61(2), 317(2) B.N.S., P.S. Dhanpatganj, District Sultanpur, should be enlarged on bail.

Court's answer

Without expressing any opinion on the merits of the case, the Court held it a fit case for enlarging the applicant on bail on the ground of parity.

Ratio / Principle

Grounds for the bail grant: the applicant is a lady; she is in jail since 12.2.2026 with no previous criminal history; and co-accused Rani Nisha, Shashi Bharti and Jalsa Devi @ Jalsa Sahni had already been granted bail by this Court.

Key takeaways

The applicant was directed to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions (no tampering with prosecution evidence, no pressurizing prosecution witnesses, appearance on every date fixed by the trial court).ratio¶19
Clarified that the observations made in the order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter¶24

Detailed headnote1 paragraphs

Bail allowed on ground of parity — applicant, a lady with no previous criminal history, in jail since 12.2.2026 in Case Crime No. 26 of 2026 under Sections 308(6), 309(3), 318(4), 319(1), 351(3), 61(2), 317(2) B.N.S., P.S. Dhanpatganj, District Sultanpur — co-accused Rani Nisha, Shashi Bharti and Jalsa Devi @ Jalsa Sahni already granted bail by the Court — enlargement ordered without expressing any opinion on the merits, on personal bond and two sureties each in the like amount, subject to conditions against tampering with evidence and pressurizing witnesses and requiring attendance on all trial dates — observations confined to the bail application, with no bearing on trial merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 3676 of 2026

Habiba @ Suman @ Muskan @ Priyanka

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s) Counsel for Applicant(s) : Sukh Deo Singh Counsel for Opposite Party(s) : G.A.

Court No. - 28

HON'BLE RAJEEV BHARTI, J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This is first bail application filed on behalf of the applicant who is involved in Case Crime No. 26 of 2026, under Sections 308(6), 309(3), 318(4), 319(1), 351(3), 61(2), 317(2) B.N.S., Police Station - Dhanpatganj, District Sultanpur.

Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He further submits that the applicant has no concern with the gang of the co-accused. There is no independent witness of the alleged recovery. It is further submitted that coaccused Rani Nisha, Shashi Bharti and Jalsa Devi @ Jalsa Sahni have already been granted bail by this Court vide orders dated 6.5.2026, 12.05.2026 and 17.04.2026 passed in Criminal Misc. Bail Application Nos. 3240 of 2026, 3392 of 2026 and 2720 of 2026, respectively. Hence, the present applicant claims parity.

It is further submitted that the applicant is a lady having no previous criminal history and she is in jail since 12.2.2026. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, she shall not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

BAIL No. 3676 of 2026

2

Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is a lady; she is in jail since 12.2.2026 having no previous criminal history; co-accused Rani Nisha, Shashi Bharti and Jalsa Devi @ Jalsa Sahni have already been granted bail by this Court and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail on the ground of parity.

Accordingly, the bail application is allowed.

Let the applicant- Habiba @ Suman @ Muskan @ Priyanka involved in the aforesaid case crime number be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.

Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

May 21, 2026 Muk

(Rajeev Bharti,J.)

Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench