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Neutral Citation No. - 2025:AHC:117032 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24633 of 2025 Applicant :- Raj Kumari Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dewendra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Dewendra Singh, learned counsel for the applicant, Sri Rajiv Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 548 of 2023, under Sections 420, 406, 467, 468, 471 of I.P.C., Police Station - Gola, District - Gorakhpur, during the pendency of the trial. 3. It is contended by learned counsel for the applicant that that applicant was neither named in the first information report nor her name surfaced in the statement of witness under Section 161 Cr.P.C. As per the allegation in the first information report, Branch Manager of Indusind Bank along with some other persons embezzled the amount of loan of woman self group and also obtained insurance amount by showing several loanee as dead. Subsequently, the applicant was falsely implicated only on the ground that she after depositing some instalments stopped paying the remaining instalments. As per the bank record, she has shown her husband as dead. It is further submitted that on perusal of the first information report, it is clear that the entire forgery has been committed by the Branch Manager of the aforesaid bank to obtain the insurance amount of loan by showing them as dead. The applicant is lady of 42 years, she has been made escape goat by the Branch Manager. It is further submitted that co-accused, Moti Devi and Ashiya alias Asha, have already been enlarged on bail by this Court vide order dated 14.07.2025 and 17.07.2025 passed in Criminal Misc. Bail Application No. 14362 of 2025 and 24498 of 2025 respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant is a lady and has no criminal antecedents to her credit. She is languishing in jail since 23.03.2025. 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 fact that applicant has parity with the co-accused who has already been released on bail. 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 on the ground of parity.
6. Let the applicant- Raj Kumari 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 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 :- 18.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad