VIMALA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT, LKO
BAIL/848/2025 · 2025-08-01
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120197 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120197 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44756 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 848 of 2025 Applicant :- Vimala Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt, Lko Counsel for Applicant :- Ashutosh Sachan,Ajeet Kumar Singh,Pradeep Kumar Singh,Saurabh Srivastava Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, complainant's counsel, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that by alluring the complainant to provide job, the accused applican has taken Rs.80,000/- and also taken his educational certificates. It is further alleged that on the basis of forged mark sheet of High School and other educational certificates, she has procured appointment on the post of Asha Sangini and derived financial benefit from the State exchequer. 3.Learned counsel for the applicant submits that the present first information report has been lodged by the complainant in counter blast of earlier first information report No.295 of 2022 registered against him by the applicant under sections 376D, 504, 506 I.P.C. It is also submitted that the allegation of taking Rs.80,000/- from the complainant is false. No material or evidence in support of such allegation has been provided by the complainant to the investigating officer. The applicant has not prepared any forged mark sheet for procuring appointment. She has resigned from the post of Asha Sangini. The applicant is a lady having no criminal antecedent. The applicant is in jail since 8.12.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 3.Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid
facts as argued by the learned counsel for the applicant. 4.Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history, charge sheet has been filed, the offence is triable by Magistrate, arguments advanced by learned counsel for the parties, the applicant is in
jail since 8.12.2024 and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail. The bail application is accordingly allowed. 5.Let the applicant Vimala Devi, involved in Case Crime No.248 of 2023 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Khairabad, district Sitapur, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A I.P.C. (now 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A I.P.C. (now 209 BNS) It is made clear that any observation(s) made in the present
order shall not affect the trial.
Order Date :- 1.8.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench