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2025 DAILYLAW 106620 (ALL)

MAMTA YADAV v. State of UP AND ANOTHER

A482/37881/2024 · 2025-05-07

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75000 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37881 of 2024 Applicant :- Mamta Yadav Opposite Party :- State of U.P. and Another Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with following prayer:- "It is, therefore, most respectfully prayed that learned Additional Chief Judicial Magistrate, Court No.2, Moradabad Criminal Case No. 57912/2022 arising out of Case Crime No. 936/2021 under section 420, 409, 504, 506 I.P.C. Police Station Civil Lines, District Moradabad State Vs. Mamta Yadav and others may be directed to release forthwith the applicant on bail in accordance with law as bail has already granted on 15.3.2023 as the conditions of the bail has been fulfilled by the applicant transferring the property to the complainant which has been accepted before the Trial Court as well as High Court. It is that the further prayed verification of the compromise may be dispensed with before releasing the applicant on bail and also prayed that the verification of the compromise may be done by the learned Magistrate as soon as possible if possible within a week. And/or to pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. " 3. Earlier, applicant was granted bail by the Co-ordinate Bench of this Court vide order dated 15.03.2023 passed in Criminal Misc. Bail Application No. 56505 of 2022 (Mamta Yadav Vs. State of U.P.) but applicant could not fulfill the bail condition, thereafter, applicant moved modification application to modify the condition provided in the bail order dated 15.03.2023 but the said modification application was rejected by the Co-ordinate Bench. Thereafter, instant 482 Cr.P.C. application has been filed to modify the bail condition provided in the order dated 15.03.2023. There is no abuse of process of Court. The applicant has remedy to modify bail condition order. No interference is warranted. 4. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, rejected. Order Date :- 8.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad