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2025 DAILYLAW 172003 (ALL)

KANTI DEVI v. STATE OF U.P.

BAIL/34540/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34540 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Sunil Kumar Srivastava, learned counsel for the applicant and Shri Rajesh Kumar Singh, learned A.G.A. for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Kanti Devi, seeking enlargement on bail in Case Crime No. 511 of 2025, under Sections 8/18 of N.D.P.S. Act, Police Station Aonla, District-Bareilly. Learned counsel for the applicant argued that the accused-applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 21.07.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Nar Singh, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 33089 of 2025 vide order dated 15.10.2025. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Kanti Devi, involved in above mentioned case Versus Counsel for Applicant(s) : Sunil Kumar Srivastava Counsel for Opposite Party(s) : G.A. Kanti Devi .....Applicant(s) State of U.P. .....Opposite Party(s) crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. October 28, 2025 Deepak/ BAIL No. 34540 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad