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2025 DAILYLAW 23642 (ALL)

SITA DEVI v. STATE OF U.P.

BAIL/7149/2025 · 2025-04-22

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60926 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7149 of 2025 Applicant :- Sita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Achal Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Bansi Lal Nishad learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 23.11.2024 is a result of sudden provocation, in which both the sides have received injuries. It is a family dispute between two real brothers. Applicant is sister-in-law (Bhabhi) of the informant. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further argued that the applicant's husband namely, Santosh Yadav has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 10.04.2025 passed in Criminal Misc. Bail Application No.11808 of 2025, copy of which order has been produced before this Court and is taken on record. It is thus contended that the applicant is also entitled for bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 24.11.2024 having no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserve any indulgence. In case the applicant is released on bail she will misuse the liberty of bail, however, could not dispute the submissions of learned counsel for the applicant with regard to parity. 4. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 5. Let applicant Sita Devi involved in Case Crime No. 241 of 2024 under Sections 115 (2), 109, 352, 351(3) B.N.S.., Police Station Baghauchghat, District Deoria, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 23.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad