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2025 DAILYLAW 67125 (ALL)

BHAGWANI DEVI v. STATE OF U.P.

BAIL/20372/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103013 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20372 of 2025 Applicant :- Bhagwani Devi Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pankaj Kr. Mishra, learned counsel for the applicant, Sri Uday Bhan, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 725 of 2024, under Sections 419, 420, 467, 468, 471, 506, 120B IPC, P.S. Chiluwatal, District Gorakhpur. 3. Contention of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. She is an illiterate lady and when sale deed dated 4.12.2020 was executed then by mistake in place of Arazi Nos. 93 Kha, 642 and 668, Arazi Nos.1146 ka and 1181 ka were mentioned which was subsequently rectified in a civil suit No. 142 of 2023 by order dated 24.1.2025. Therefore, the allegation made in the F.I.R. in question does not attract any offence and no offence has been committed by the applicant. The applicant is a law abiding citizen and she has no criminal history. She is languishing in jail since 13.4.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, 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. 6. Let the applicant- Bhagwani 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 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 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad