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2025 DAILYLAW 39629 (ALL)

YASHODA ALIAS YASHODHARA ALIAS SARIKA ALIAS RAJNI THAKUR v. STATE OF U.P.

BAIL/11845/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:104486 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11845 of 2025 Applicant :- Yashoda Alias Yashodhara Alias Sarika Alias Rajni Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ram Krishna Mishra, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 454 of 2023, under Sections 420, 467, 468, 471, 120B I.P.C., Police Station- Nandgram, District- Ghaziabad, during the pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the FIR and her name surfaced in the confessional statement of co-accused. It is further submitted that co- accused, Sandeep, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 25.09.2024 passed in Criminal Misc. Bail Application No. 34569 of 2024 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has explained criminal history of one case in the accompanying affidavit. She is languishing in jail since 04.10.2024. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that applicant has parity with the co-accused who has already been released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties 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 on the ground of parity. 6. Let the applicant- Yashoda Alias Yashodhara Alias Sarika Alias Rajni Thakur 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 him 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad