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2025 DAILYLAW 20337 (ALL)

MANJITA DEVI v. STATE OF U.P.

BAIL/5998/2025 · 2025-04-29

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67545 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5998 of 2025 Applicant :- Manjita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Pratap Singh,Suneel Kumar Patel Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Suneel Kumar Patel, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 194 of 2024, under Sections 103(1), 238(a) B.N.S., Police Station Industrial Area, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, actually applicant is the mother of the deceased and she is the informant of the case but during investigation she herself has been made accused in the present matter along with co-accused Alok Patel @ Nane and Subedar Patel @ Dhoni and both co-accused Alok Patel @ Nane and Subedar Patel @ Dhoni have already been released on bail by this Court vide orders dated 14.02.2025 and 28.03.2025 passed in Criminal Misc. Bail Application Nos. 1901 of 2025 and 10503 of 2025 and on facts, case of applicant is at par with them. 4. He further submits, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 28.10.2024 i.e. for last more than six months. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the record, it reflects, FIR of the present case was lodged by the applicant herself, who is mother of the deceased but it reflects, during investigation on the basis of evidence of last seen, she herself has been made accused in the present matter along with co-accused Alok Patel @ Nane and Subedar Patel @ Dhoni and after considering the entire facts of the case, both the co-accused Alok Patel @ Nane and Subedar Patel @ Dhoni have been released on bail and as far as evidence is concerned, the case of applicant is at par with them. 8. 8. Further, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 28.10.2024 i.e. for last more than six months. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Manjita Devi be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 30.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad