Rani Nisha vs State Of U.P. Thru. Prin. Secy. Home Lko.

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

2. This is first bail application filed on behalf of the applicant who is involved in FIR/Case Crime No.0026 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.

3. 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 there is no independent witness of the alleged recovery. In the confessional statement, the co-accused Habiba admitted that she has a gang, but the applicant was not a member of this gang. It is further submitted that the applicant has no previous criminal history and he is in jail since 12.02.2026. 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. He further submits that co-accused persons, namely, Sunil Kumar @ Sunil and Jalsa Devi @ Jalsa Sahni, having identical role, have been granted bail by this Court vide orders dated 08.04.2026 and 17.04.2026 passed in Crl. Misc. Bail Application Nos.2259 of 2026 and 2720 of 2026 respectively. Accordingly, the applicant is also entitled for bail on the ground of parity.

4. 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.

5. Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is in jail since 12.02.2026 having no previous criminal history; identically situated co-accused persons, namely, Sunil Kumar @ Sunil and Jalsa Devi @ Jalsa Sahni have already been granted bail by this Court vide orders dated 08.04.2026 and 17.04.2026 respectively 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.

6. Accordingly, the bail application is allowed.

7. Let the applicant- Rani Nisha 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 her counsel.

8. 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.

9. 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.

(Rajeev Bharti,J.)

May 6, 2026

Anand/-