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2025 DAILYLAW 152728 (ALL)

KAVITA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

BAIL/6787/2025 · 2025-08-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46515 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6787 of 2025 Applicant :- Kavita Devi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Aziza Khan,Devendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Aziza Khan, the learned counsel for the applicants as well as Sri Satyendra Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 127 of 2025, under Sections 318(4), 316(2), 303(2), 317(2), 317(4), 317(5) B.N.S, registered at Police Station Mahrajganj, District Raebareli. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 16.05.2025 against an unknown woman, stating that while the informant was alone at her home on 10.05.2025, the said woman came to the informant's home and took away the jewellery under pretext of taking the photographs of the same for getting some benefits from an insurance company but the woman took away a locket and a pair of anklets. 4. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. 5. The learned counsel for the applicants has submitted that ten persons were made accused in the present case out of whom all the other eight co-accused persons have been granted bail by means of orders dated 23.07.2025, 25.07.2025 and 31.07.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 6633 of 2025, 6840 of 2025, 7054 of 2025 and 6996 of 2025, respectively. 6. The learned A.G.A. has opposed the prayer of bail but he could not dispute the fact that besides the applicants, all the other co-accused persons have been granted bail. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that eight other co- accused persons have been granted bail, I am of the view that he applicants are also entitle to be granted bail on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicants- Kavita Devi and Bolha Malhar 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 8.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench