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2025 DAILYLAW 134476 (ALL)

SHIVANI @ GOMTI DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/3285/2025 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3285 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Raja Babu Gupta, the learned counsel for the applicant as well as Smt. Shikha Sinha, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 427 of 2023, under Sections 328, 379, 411, 419, 420 I.P.C., registered at Police Station Khargupur, District Gonda. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 25.12.2023 against five persons, including the applicant, stating that co-accused Jokhu had got the complainant married to the applicant on 17.12.2023; all the accused persons administered some intoxicating substance to the complainant and his family members and they took away the valuable articles from the house of the complainant. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent woman aged 20 years having no criminal history and she has been falsely implicated in the present case. 5. The learned counsel for the applicant has submitted that co-accused Jokhu @ Pawan has been granted bail by means of an order dated 04.10.2024 passed by the Co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 10665 of 2024. 6. The learned A.G.A. has opposed the bail application and she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 16.02.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a woman having no criminal history and she is languishing in jail since 26.12.2023 whereas the investigation already stands concluded and a co-accused has already been granted bail, I am of the view that the applicant is also entitled to be enlarged on bail. Versus Counsel for Applicant(s) : Raja Babu Gupta, Manjul Kumar Pathak, Vandana Singh, Vikas Singh Counsel for Opposite Party(s) : G.A. Shivani @ Gomti Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shivani @ Gomti Devi be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. September 4, 2025 Preeti. BAIL No. 3285 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench