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Neutral Citation No. - 2025:AHC:109384 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21975 of 2025 Applicant :- Saroj Devi Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Satendra Singh, learned counsel for the applicant, Sri Rajiv Kumar Singh, 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. 196 of 2023, u/s 323, 308, 504, 506 IPC, P.S. Nagla Khangar, District Firozabad.
3. Contention of learned counsel for the applicant is that in the alleged incident between the parties, both the parties have suffered injuries and both the parties lodged FIRs against each other therefore, it cannot be ascertained as to who was the aggtressor. It is further submitted that all the offences are punishable up to 7 years and he has no criminal history. It is further submitted that during investigation, applicant has cooperated after receiving the notice u/s 41-A Cr.P.C. Therefore, there is no necessity to keep the applicant in jail. It is further submitted that co-accused Jitendra Kumar has already been granted bail by this Court vide order dated 04.07.2025 passed in Criminal Misc. Bail Application No. 22253 of 2025. It is further submitted that the applicant is a lady having no previous criminal history and chargesheet has already been filed. Therefore, in view of the law laid down by the Apex Court in the cases of Satender Kumar Antil vs Central Bureau of Investigation and another; (2022) 10 SCC 51 and Siddharth Vs. State of Uttar Pradesh & Another; (2022) 1 SCC 676, applicant is entitled to be released on bail. The applicant is a law abiding citizen and she is languishing in jail since 26.5.2025. It is further submitted that chargesheet has already been filed, 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. Learned A.G.A. has opposed the prayer for bail but could not
dispute the aforesaid facts.
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.
6. Let the applicant- Saroj 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 him.
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 :- 9.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad