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2025 DAILYLAW 69270 (ALL)

SUSHILA DEVI ALIAS SANJANA DEVI v. STATE OF U.P.

BAIL/23334/2025 · 2025-07-07

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107432 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23334 of 2025 Applicant :- Sushila Devi Alias Sanjana Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 247 of 2022, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Kotwali Jalaun, district Jalaun during the pendency of trial. It is argued by learned counsel for the applicant that according to the gang chart, the applicant is said to have involved in 01 criminal case, in which she has already been acquitted by the trial Court, copy of bail order has been brought on record as Annexure No. 4 to the bail application. She has falsely been implicated in the present case due to ulterior motive. She is not member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 03.12.2022 and in case, she is enlarged on bail, he will not misuse the liberty of bail. Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is member of gang and habitual of committing crime. In case the applicant is released on bail, she will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses. Having heard learned counsel for the parties and perusing the record, I find that it is not in dispute that applicant is on bail in base case, on the basis of which, F.I.R. under the U.P. Gangsters and Anti-Social Activities (Prevention) Act has been lodged. The bail application of the applicant is hereby allowed. Let the applicant - Sushila Devi Alias Sanjana Devi involved in the aforesaid case 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 that :- i. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses. ii. The applicant shall cooperate in the trial 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. The trial Court shall make an endevour to conclude the trial of the applicant expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. Copy of this order be sent to the concerned trial Court for necessary information and compliance. Order Date :- 8.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad