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2025 DAILYLAW 167041 (ALL)

SUNITA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

ABAIL/1093/2025 · 2025-09-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1093 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shikhar Singh, the learned counsel for the applicant, Sri Nagarjuna Pandey, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.15/2023, under Sections 2 and 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Mujawar, District- Unnao. 3. The learned counsel for the applicant has submitted that the gang chart mentions involvement of the applicant in four cases, only one has formed the basis of imposition of the Gangsters Act on the applicant, in which, she has already been granted anticipatory bail. 4. In the affidavit filed in support of anticipatory bail application, it has been stated that the applicant is innocent and she has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the anticipatory bail application that the applicant is neither a leader nor member of any gang. 5. The learned A.G.A. has opposed the prayer for anticipatory bail but she could not dispute the fact that the applicant has wrongly been implicated in four cases in gang chart and she is only involved in a solitary case, in which, she has been granted anticipatory bail. Versus Counsel for Applicant(s) : Sukh Deo Singh Counsel for Opposite Party(s) : G.A. Sunita Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) 6. Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in a solitary case mentioned in the gang chart and that the applicant has no previous criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sunita Devi before the learned Trial Court in the aforesaid case crime, she shall be released on bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make herself available for interrogation by a police officer as and when required; (ii) that 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) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 25, 2025 V. Sinha ABAIL No. 1093 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench