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2025 DAILYLAW 37979 (ALL)

LILA DEVI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/2853/2025 · 2025-04-15

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55730 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2853 of 2025 Applicant :- Lila Devi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gulhuma,Haseeb Alam Ansari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case No. 247 of 2023 (State v/s Lila Devi and others) arising out of Case Crime No. 126 of 2015, under sections 147, 149, 395, 427, 120B of I.P.C., Police Station Duddhi, District Sonbhadra. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The name of the applicants surfaced during the course of investigation. A vague role has been assigned to the applicants. No loss or damage has been caused to any Government property. Investigation has been completed. Charge-sheet has been submitted. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned court vide order dated 07.01.2023. The applicants have no criminal antecedents. Further, identically placed co-accused, Mohd Naeem @ Naeem Ahmad, Bhagwanti, Shanti Devi, Rajwanti and Ramaadhar, Shiv Prashad, Santosh Bhuinya @ Santosh Kumar, Dharmjeet Prajapati, Dehuti and Vifani have been granted anticipatory bail by this Court vide orders dated 13.06.2024, 28.11.2024 and 10.01.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 5090 of 2024, 11313 of 2024 and 12249 of 2024 respectively. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the name of the applicants surfaced during investigation, the fact that a vague role has been assigned to the applicants. At this stage, there is no substantive evidence against the applicants, the fact that identically placed co- accused, Mohd Naeem @ Naeem Ahmad, Bhagwanti, Shanti Devi, Rajwanti and Ramaadhar, Shiv Prashad, Santosh Bhuinya @ Santosh Kumar, Dharmjeet Prajapati, Dehuti and Vifani have been granted anticipatory bail by this Court, charge-sheet has been filed, applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Lila Devi, Mohammad Muslim, Jahid and Manoj Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 16.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad