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Neutral Citation No. - 2025:AHC:147095 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26393 of 2025 Applicant :- Geeta Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ravi Shankar Tripathi, learned counsel for the applicant, Shri Ari Mardan Yadav, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Geeta Devi, seeking enlargement on bail in Session Trial No. 1250 of 2025, arising out of Case Crime No. 297 of 2018, under Sections 302, 120-B/34 I.P.C., Police Station Sahaswan, District Budaun.
Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 08.07.2025.
Learned counsel for the applicant submits that applicant is not named in the F.I.R. Her name came into light in the statement of co-accused Prem Singh. He further submits that co-accused Hariom, Waseem, Imran and Prem Singh have already been enlarged bail by co-ordinate Bench of this Court. Bail orders of the same have been annexed as Annexure No. 16 to the bail application. Applicant is seeking parity with co-accused Hariom, who has been granted bail vide order dated 04.12.2018 passed by the co-ordinate Bench of this Court in Misc. Bail Application No. 42862 of 2018, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co- accused. The applicant has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-
accused has already been granted bail by this Court. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, period of incarceration as well as mandate of the 1st Proviso of Section 437(1) Cr.P.C. and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application is allowed. Let the accused-applicant, Geeta Devi, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.
Order Date :- 23.8.2025 Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad