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Neutral Citation No. - 2025:AHC:145125 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53442 of 2023 Applicant :- Guddi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Naseem Ahmad,Pramod Kumar Maurya,Salman Ahmad,Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J.
1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Guddi Devi, seeking enlargement on bail in Case Crime No. 197 of 2022 under Sections 419, 420, 406, 409, 120- B I.P.C., Police Station- Gulriha, District- Gorakhpur, during the pendency of the trial. 3. As per F.I.R. version, public fund of Rs.11,83,000 was misappropriated by the accused-applicant and her husband. 4. Learned counsel for the applicant argued that the accused- applicant is woman and was the ex-village pradhan of the village Karmaha. She has been falsely implicated in this case. It is further submitted that her husband co-accused Manoj Modanwal has already been granted bail by co-ordinate Bench of this Court vide order dated 21.11.2023 passed in Criminal Misc. Bail Application no.44898 of 2023. It is further submitted that applicant has a minor child and she is languishing in jail since 12.08.2023. Chargesheet has been submitted in this case. She has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned AGA has vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances specially that the applicant is the woman and she has minor child, 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Guddi Devi, involved in above mentioned case crime number be released on bail, on his 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.. Order Date :- 22.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad