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2025 DAILYLAW 69165 (ALL)

SHAKUNTALA DEVI v. STATE OF U.P.

BAIL/22964/2025 · 2025-07-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116667 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22964 of 2025 Applicant :- Shakuntala Devi Opposite Party :- State of U.P. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Yogesh Kumar Singh, learned counsel for the applicant, Sri Krishna Mohan Singh, learned counsel for the first informant and Sri Pushpendra Singh Jadon, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 595 of 2022, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station- Kotwali, District Ballia. 3. Contention of learned counsel for the applicant is that the applicant is illiterate lady and she has been persuaded to execute certain document which was actually the alleged sale deed. The applicant was in the impression that she would get benefit of government scheme by signing the same. It is further submitted that the applicant is ready to file any affidavit mentioning that the sale deed in question was never intended to execute by her. She was misrepresented by the co-accused. She is also ready to file an application before the trial court, where the suit for cancellation of the sale deed being Suit No.446 of 2023 pending in the court of Civil Judge (J.D.), Purvi, Ballia, that the sale deed may be cancelled. He further added that the charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is old lady having no criminal history and languishing in jail since 08.04.2025. 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 counsel for the first informant and learned A.G.A. for the State opposed the prayer for bail. 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- Shakuntala 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 her 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 :- 18.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad