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Neutral Citation No. - 2025:AHC:117385 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5868 of 2025 Applicant :- Laxmi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sampoorna Nand Counsel for Opposite Party :- G.A.,Mahmudul Hasan,Mansoor Ahmad Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sampoorna Nand, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the record. 2. No one is present on behalf of first informant, though this clear that if the first informant does not appear on the next date, the Court will hear this bail application, ex-parte. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 611 of 2024, under Sections- 419, 420, 467, 468, 471, 323, 506 IPC, Police Station- Khorabar, District- Gorakhpur, during the pendency of the trial. 4. Contention of learned counsel for the applicant is that the applicant is an illiterate lady. As per allegation of the first information report, the applicant at the instance of one Tehsildar, executed sale deed on behalf of first informant who has same name as the applicant is, but he is male. It is further submitted by learned counsel for the applicant that the applicant has not committed any offence as she herself was cheated by Tehsildar by persuading her to sign on a document to avail the facility of Pradhan Mantri Awas Yojana and in the garb of sighing those documents, alleged sale
deed has been executed. It is further submitted that the applicant had made accused in the present case as fraud has been played with her by the Tehsildar, therefore, the applicant is ready to file affidavit at the instance of first informant either in court or before the authority to cancel the forged sale deed as the applicant was never intended to execute the sale deed. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 23.12.2024. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 5.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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.
7. Let the applicant- Laxmi Devi, 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 him.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.7.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad