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2025 DAILYLAW 18803 (ALL)

RINKU DEVI v. STATE OF U.P.

BAIL/5074/2025 · 2025-05-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83656 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5074 of 2025 Applicant :- Rinku Devi Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit and rejoinder affidavit filed in the court today are taken on record. Heard Shri Atul Kumar Shahi, learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA 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, Rinku Devi, seeking enlargement on bail in Case Crime No. 461 of 2024, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Gambhirpur, District- Azamgarh. 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 31.12.2024. Learned counsel for the applicant submits that similarly placed co-accused, namely, Ashwani, has already been enlarged on bail by this Court by order dated 09.05.2025, passed in Criminal Misc. Bail Application No. 6103 of 2025, copy of the bail order produced by learned counsel for the applicant is taken on record. She further submitted that since the role of the applicant is identical to that of co-accused, Ashwani, who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity. 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. Learned AGA has vehemently opposed the prayer for bail. 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, Rinku Devi, involved in above mentioned case 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. Order Date :- 19.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad