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2025 DAILYLAW 116031 (ALL)

SMT. ASHARANI AND 2 OTHERS v. STATE OF U.P. THRU. SECY. HOME U.P. LKO.

BAIL/463/2025 · 2025-09-19

Subhash Vidyarthi

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 463 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Lalji Prasad Shukla, learned counsel for the applicants, Shri Manish Kumar Pandey, learned A.G.A. for the State, Shri Suresh Kumar Pandey, learned counsel for the complianant and perused the records. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.336 of 2024, under Sections 419/420/467/468/471/427/504/506 IPC, registered at Police Station Bhira, District Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.08.2024, in further to an application under Section 156(3) Cr.P.C., stating that by wrongly showing the complainant as dead, his land was mutated in favour of the applicants. 4. In the affidavit filed in support of the bail application, it has been stated that the applicants are illiterate innocent women, they have been falsely implicated in the present case and they have no criminal history. 5. The learned counsel for the applicants has submitted that the land in question has again been recorded in the name of the complainant. 6. Co-accused person Santosh Kumar Rathore has been granted bail by means of an order dated 13.08.2025 by the Co-ordinate Bench of this Court in Criminal Appeal No.457 of 2025 and co-accused persons Jay Kumar and Gopal Singh @ Gopla Singh Rana have been granted stay of arrest by means of orders dated 23.04.2025 & 19.02.2025 passed by the Division Bench of Versus Counsel for Applicant(s) : Rizwanul Haque Ansari, Lalji Prasad Shukla, Santi, Subodh Kumar Pandey Counsel for Opposite Party(s) : G.A., Rakesh Kumar Mishra, Suresh Kumar Pandey Smt. Asharani And 2 Others .....Applicant(s) State Of U.P. Thru. Secy. Home U.P. Lko. .....Opposite Party(s) this Court in Criminal Misc. Writ Petition Nos.3389 of 2025 & 9913 of 2024 respectively. 7. The learned counsel for the complainant has opposed the bail application and he has submitted that the applicants were the beneficiaries of the offence and, therefore, their case is not at par with the co-accused persons who have been granted bail / stay of arrest. 8. Learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 11.11.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a co-accused persons has been granted bail and arrest of two co-accused person has been stayed; that the applicants are women having no criminal history and they are languishing in jail since 09.11.2024 and that the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicants - Smt. Asharani, Smt. Malti Devi and Smt. Bablesh - 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. September 19, 2025 S. Shivhare BAIL No. 463 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench