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2025 DAILYLAW 21206 (ALL)

KANTI DEVI v. STATE OF U.P.

BAIL/6093/2025 · 2025-03-09

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34414 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6093 of 2025 Applicant :- Kanti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 20 of 2024, under Sections 420, 467, 468, 471 I.P.C., Police Station Rudrapur, District Deoria during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was appointed as a Safai Karmi at Rudrapur, District Deoria on the basis of the genuine documents. The applicant has not forged or manipulated the birth certificate. Against the dismissal of the applicant from service, the applicant had filed a writ petition, being Writ-A No. 735 of 2023, Kanti Devi v. State of U.P. and others. The said writ petition is still pending consideration. The applicant is in jail since 15.03.2024 and if she is released on bail, she will not misuse the said liberty. 4. Learned Brief Holder for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the writ petition filed by the applicant challenging dismissal order is still pending consideration. At this stage there is no substantive evidence against the applicant to link with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost one year and after submission of the charge- sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Kanti Devi, involved in the aforesaid case, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that she: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad