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2025 DAILYLAW 199789 (ALL)

SHANTI DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

NABAIL/1451/2025 · 2025-10-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1451 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the records. The instant application has been filed seeking release of the applicant on bail in Case Crime No.201 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Khargupur, District Gonda. The gang chart mentions involvement of the applicant in a solitary case, in which he has been granted bail. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang. Learned counsel for the applicant claims parity with the bail order of co- accused persons namely Raju Mishra, Kaptan Yadav @ Mahesh Yadav and Amit Kashyap, who have been granted anticipatory bail by coordinate Bench of this Court vide orders dated 24.9.2025, 24.9.2025 and 25.9.2025. The learned A.G.A. has opposed the prayer for bail but he could not dispute that it is a case of parity. Prima facie it appears that the applicant has been implicated in the present case merely because he has a criminal history. There appears to be no Versus Counsel for Applicant(s) : Surya Kumar Counsel for Opposite Party(s) : G.A. Shanti Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) reasonable ground for prima facie believing that the applicant is guilty of the offence alleged. The minimum punishment which can be imposed in case of the applicant's conviction is imprisonment for two years. There is nothing on record which may give rise to a reasonable apprehension that the applicant may tamper with the evidence or influence the witnesses or that the applicant will abscond and will not face the trial or that he is likely to commit any other offence in case he is released on bail. In view of the aforesaid discussion, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant, Shanti Devi, be released on bail in the case registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, on her furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned, subject to the following conditions: (i) The applicant shall not tamper with the prosecution evidence; (ii) The applicant shall not pressurize the prosecution witnesses; (iii) The applicant shall appear on each and every date fixed by the trial court, unless her appearance is exempted by the learned trial court. October 8, 2025 Madhu D.R/P.S NABAIL No. 1451 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench