RAMDEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND 4 OTHERS
BAIL/3221/2025 · 2025-08-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134777 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3221 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Ankit Tripathi, learned counsel for the applicant, Ms. Shikha Sinha, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.351 of 2024 under Sections 87/89/137(2)/351(2) of B.N.S. registered at Police Station- Tambour, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.08.2024 against two persons stating that they had enticed away the informant's sister aged 17 years on 22.08.2024 and she was brought back by the informant's brother-in-law on
23.08.2024. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that Harendra used to visit her home and forcibly commit the misdeed against her and Harendra and his mother (the applicant) had taken her away on 22.08.2024 while she was five months pregnant. They got her some medicine for causing her miscarriage. A similar statement was given by the victim before the Magistrate also. 5. In the affidavit filed in support of the bail application, it has been Versus Counsel for Applicant(s) : Ankit Tripathi, Ankit Mishra Counsel for Opposite Party(s) : G.A. Ramdevi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And 4 Others .....Opposite Party(s)
stated that the applicant is innocent, she has been falsely implicated in the present case and she has no criminal history. 6. Co-accused- Ram Khelawan, who is named in the FIR, has been granted bail in the present case by means of an order dated 09.01.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 161 of 2025. 7. Learned A.G.A. has vehemently opposed the bail application and she has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 13.10.2024. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR although the FIR has been lodged after the victim had returned home; the applicant has been implicated subsequently on the basis of statement of the victim and that the applicant is a woman having no criminal history, she is languishing in jail since 16.09.2024 and a co-accused has already been granted bail whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ramdevi 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. August 25, 2025 -Amit K- BAIL No. 3221 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench