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2025 DAILYLAW 24193 (ALL)

GUDDI DEVI v. STATE OF U.P. AND 3 OTHERS

BAIL/7580/2025 · 2025-03-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31859 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7580 of 2025 Applicant :- Guddi Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gyanedra Pratap Singh,Narendra Pratap Kushawaha Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Ajai Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Guddi Devi, seeking enlargement on bail in Case Crime No. 69 of 2024, under Sections-363, 120-B, 342 I.p.C. and Section 16/17 POCSO Act, Police Station-Jataha Bazar, District-Kushinagar. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 11.06.2024. Learned counsel for the applicant submits that the applicant was not named in the first information report. First information has lodged first information report of missing of her daughter Urmila. The victim in her statement under Section 164 Cr.P.C. has assigned the role of only enticing her. Co-accused Jitendra Bharti, has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 30302 of 2024, vide order dated 19.09.2024. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Guddi Devi, involved in above mentioned case crime number be released on bail on her executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 5.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad