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2025 DAILYLAW 19095 (ALL)

SMT. LAXMI TIWARI v. STATE OF U.P.

BAIL/5916/2025 · 2025-07-14

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114287 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5916 of 2025 Applicant :- Smt. Laxmi Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- Anurag Singh Yadav,G.A.,Suraj Kumar Singh Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Suraj Kumar Singh, learned counsel for the first informant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 264 of 2024, under Sections- 420, 467, 468, 471, 120-B I.P.C., Police Station- Civil Lines, District- Muzaffar Nagar, during the pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant was released on bail in Case Crime No. 315 of 2022. Subsequently, it was found that sureties of the applicant were professional sureties who have also taken sureties of other accused. It is further submitted that applicant is a lady and she is entitled to protection of first proviso of Section 480(1)(ii) B.N.S.S. The formalities for the bail have been completed by her advocate. She was not aware about the formalities regarding submitting the sureties. It is further submitted that applicant is ready to furnish sureties who are in blood relationship with the applicant in case she is released on bail. It is further submitted that sureties of the applicant, namely, Suresh and Paltu, have already been enlarged on bail by a coordinate Bench of this Court vide orders dated 13.05.2025 and 22.05.2025 passed in Criminal Misc. Bail Application Nos. 12143 of 2025 and 16544 of 2025 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant explained her criminal history of two cases in the rejoinder affidavit. She is languishing in jail since 07.01.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail but could not dispute the fact that applicant has parity with the co-accused persons who have already been released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity. 6. Let the applicant- Smt. Laxmi Tiwari involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. v. The applicant shall provide sureties who are having blood relationship with her. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 15.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad