Parveen v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33578 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Ramesh Kumar Shukla, learned counsel for the applicant and Sri Shujauddin, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 248 of 2025, under Sections 85, 131, 115(2), 91, 351(2), 3(5) of BNS, Police Station Wave City, District Ghaziabad, during the pendency of trial.

¶4Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence.

¶5Learned counsel has next stated that the allegations are per se false. There is no injury sustained by the injured person to corroborate the allegations made in the FIR. Even the medical report indicates that there was no fetal movement in the womb of the victim but there was no sign of any trauma sustained by her.

¶6Learned counsel has next stated that the applicant is the mother-in-law of the victim and has been falsely implicated in the case. She lives separately to the husband-wife duo, as such she is entitled for bail.

¶7There is no criminal history of the applicant. The applicant is Versus Counsel for Applicant(s) : Himanshu Ranjan Shukla, Ramesh Kumar Shukla Counsel for Opposite Party(s) : G.A., Shujauddin Parveen .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 07.09.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.

¶8Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail application.

¶9Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶10Let the applicant-Praveen, who is involved in aforementioned 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 evidence during trial.

ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

iii) The applicant shall appear before the trial court on the date fixed.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 26, 2025 Sumit S BAIL No. 33578 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad