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2025 DAILYLAW 174221 (ALL)

RANJANA DEVI AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHERS

ABAIL/365/2025 · 2025-10-31

Karunesh Singh Pawar

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. - 365 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present application has been filed by the applicants seeking anticipatory bail in Case Crime No. 407 of 2015 under Sections 420, 467, 477-A, 120-B, 109 I.P.C., Police Station Kotwali Nagar, District Bahraich. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. This Court while granting interim protection vide order dated 04.04.2025 has passed the following order:- "1. Heard learned counsel for the applicants, learned Additional Government Advocate appearing on behalf of State and perused the records. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 407 of 2015 under Sections 420, 467, 477-A, 120-B, 109 I.P.C., Police Station Kotwali Nagar, District Bahraich. 3. In terms of the FIR, it was alleged that on the basis of suspicious orders, various persons were benefited and their names were included wrongly in revenue records. 4. Learned counsel for applicants submits that the applicants are alleged to be beneficiaries. Only on the basis of suspicion that various persons including the applicants were benefited and their names have been included wrongly, the FIR has been lodged. It has been further submitted that co-accused Anita Devi, Reeta Devi, Anil Kumar and Dinesh Kumar have been granted anticipatory bail vide order dated 12.09.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1778 of 2024. 5. Learned AGA opposes the anticipatory bail application and seeks time to file the objection. 6. On due consideration to the fact that co-accused Anita Devi, Reeta Devi, Anil Versus Counsel for Applicant(s) : Ambika Prasad Mishra, Deepanjali Sharma, Rahul Tiwari Counsel for Opposite Party(s) : G.A. Ranjana Devi And 10 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Anothers .....Opposite Party(s) Kumar and Dinesh Kumar have been granted anticipatory bail, so also the undertaking given on behalf of the applicants that they shall cooperate in trial, the applicants are entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in trial. 7. Thus, it is directed that the applicants Ranjana Devi, Anshu Devi, Mayavati, Priti, Prema Devi, Mamtaa Singh, Rita Devi, Mamta Mishra, Radha, Sandhya and Mithilesh Kumari, shall not be arrested till the next date of listing in pursuance of the aforesaid FIR in question, on their furnishing a personal bond of Rs.30,000/- to the satisfaction of Station House Officer concerned with the following conditions: (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; 8. Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. Issue notice to the opposite party no.2 returnable at an early date. 10. Steps be taken within one week. 11. Learned counsel for the opposite parties may file objections within four weeks. 12. List this case on 29.04.2025." Learned counsel for the applicants submits that charge-sheet in the matter has been filed. The applicants have co-operated in the investigation and further undertake to cooperate in the trial. It has been further submitted that co-accused Anita and three others have been granted anticipatory bail by this Court vide order dated 12.09.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1778 of 2025. Learned A.G.A. has opposed the bail application, however, could not dispute the fact that the applicants have cooperated in the investigation. He further submits that charge-sheet in the matter has been filed. On due consideration to the submissions advanced, perusal of the record, co-accused Anita Devi and three others have been granted bail, so also the facts that charge-sheet in the matter has been filed, ABAIL No. 365 of 2025 2 they have cooperated in the investigation and the undertaking given by them to cooperate in the trial, as also considering the dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier vide order dated 04.04.2025 to the applicants Ranjana Devi, Anshu Devi, Mayavati, Priti, Prema Devi, Mamtaa Singh, Rita Devi, Mamta Mishra, Radha, Sandhya and Mithilesh Kumari, is liable to be and is hereby made absolute. The application is allowed accordingly. October 31, 2025 R.C. ABAIL No. 365 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench