RAJDULARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/5676/2025 · 2025-06-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148241 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148241 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:36470
Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5676 of 2025 Applicant :- Rajdulari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vijay Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.258 of 2023, under Sections 419, 420, 467, 468, 471, 120(B) I.P.C., P.S. Kotwali Nagar, District Gonda. In the prosecution case it is alleged that applicant in connivance with the co-accused persons has prepared the forged document of the complainant and got it registered. It is alleged that applicant is a member of Brijesh Awasthi gang and his complicity in several cases.
Learned counsel for the applicant submits that applicant is a lady. She is innocent and has been falsely implicated in this case. There is no material with the prosectuion to attract the offences under which the F.I.R. has been lodged only by making sweeping allegation that she is also a member of Brijesh Kumar Awasthi gang. She has been made accused in this case. Applicant is languishing in jail since 07.05.2025. Further submitted that the identically situated co- accused namely, Karishma Singh has already been enlarged on bail by this court vide order dated 03- 10-2024 passed in Criminal Misc. Bail Application No. 9513 of 2024 and the applicant is seeking parity to the same. Learned A.G.A. has opposed the bail prayer however, submits that charge-sheet has been
filed, but, he could not dispute the fact that the identically situated co-accused named above has already been enlarged on bail. On due consideration to the submissions advanced, perusal of the record as also the fact that the material collected by the prosecution does not indicate any specific role of the present applicant, the applicant is languishing in jail since 07.05.2025, charge-sheet in the case has been filed, offences are triable by magistrate,the identically situated co-accused named above, has already been enlarged on bail and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant,Rajdulari be released on bail in aforesaid case crime number subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code. (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. 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 of the Indian Penal Code.
Order Date :- 26.6.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench