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2025 DAILYLAW 35265 (ALL)

SMT. DHAN DEVI v. STATE OF U.P.

BAIL/11353/2025 · 2025-07-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116241 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11353 of 2025 Applicant :- Smt. Dhan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Singh,Vinkesh Ojha Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Counter affidavit filed today by the State is taken on record. 2. Heard Sri Rakesh Kumar Maurya, Advocate, holding brief of Sri Manish Kumar Singh, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.367 of 2024, under Sections-420, 467, 468 and 471 IPC, Police Station- Jasrana, District-Firozabad, during the pendency of the trial. 4. Contention of learned counsel for the applicant is that applicant is a lady and she is 68 years old. As per the allegation in FIR, the applicant and her husband had executed a sale deed of area 0.393 hectare in Gata No.32M, out of 0.405 hectare. Subsequently, after the death of the husband of the applicant, the name of the applicant as well as name of her sons were mutated in the revenue record. The applicant in persuasion of her sons who are co-accused executed a sale deed dated 18.11.2023 in the impression that this sale deed regarding the remaining land in Gata No.32M. Therefore, she has not committed any offence. It is her sons who have misled the applicant. It is further submitted that the applicant has no criminal history. It is also submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and she is languishing in jail since 10.12.2024. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the aforesaid submission and taking into account that applicant is a lady, who is aged about 68 years and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Smt. Dhan Devi involved in the aforementioned crime be released on bail, on her 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 not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 17.7.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad