SMT. MANJU DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/5207/2025 · 2025-06-11
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145523 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145523 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35280 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5207 of 2025 Applicant :- Smt. Manju Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Prem Kumar Singh Counsel for Opposite Party :- G.A.,Kavita Yadav,Sangeeta Yadav,Satya Narayan Yadav Hon'ble Rajeev Singh,J.
1. Heard Shri Prem Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State of U.P., Shri Om Kumar Singh, Advocate holding brief of Shri Satya Narayan Yadav,
learned counsel for the complainant and perused the record. 2. The present bail application has been filed on behalf of the applicant in F.I.R. No.0079 of 2025, under Sections 318(4), 338, 336(3), 340(2), 352, 351(3) of B.N.S., Police Station Kotwali Dehat, District Gonda, with the prayer to enlarge him on bail. 3. The submission of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the present case. He further submitted that father- in-law of the applicant had executed a will deed on 30.06.2010 in favour of the applicant and he died on 06.04.2014 but, on the basis of succession property, it got mutated in the name of the husband of the applicant in the revenue records and, thereafter, her husband sold the property to the complainant of the present case by way of a sale deed. When this fact came into the notice of the applicant as well as her husband that the will deed was executed by father-in-law of the applicant then they immediately went to the complainant of the present case and
informed him that wrongly the sale deed was executed and thereafter, the F.I.R. of the case in question was lodged. He further submitted that considering the entire facts mentioned in the F.I.R., no alleged offence is made out against the applicant. The applicant is a lady, she is in jail since 04.05.2025 and is having no criminal antecedent and is ready to cooperate in the investigation. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail. 4. Learned A.G.A. has vehemently opposed the prayer of the applicant for grant of bail but he does not dispute this fact that the applicant is a lady and the will deed was executed by father- in-law of the applicant in her favour and later on he died. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, as the applicant is in jail since 04.05.2025 and there is no material allegation leveled against the applicant, I am of the view that the applicant is entitled to be released on bail. 6.
Let applicant - Smt. Manju Devi - be released on bail in aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which she is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (v) 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., may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.6.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench