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2025 DAILYLAW 88706 (ALL)

MANJU DEVI v. STATE OF U.P.

BAIL/32454/2024 · 2025-01-15

Shekhar Kumar Yadav

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6553 Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32454 of 2024 Applicant :- Manju Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Kant,Vatsala Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. In compliance of the order dated 6.1.2025 passed by this Court, Mr. Ashish Kumar, the then District Magistrate, Hathras and Mr. Nipun Agarwal, the then Superintendent of Police, Hathras, are present before this Court in person and have filed their personal affidavit, which are taken on record. 2. Heard Mrs. Vatsala, learned counsel for the applicant and Mr. Manish Goyal, learned Additional Advocate General assisted by Mr. Roopak Chaubey, learned AGA-1 and Sri A.K. Sand, G.A. for the State. 3. Mr. Manish Goyal, learned Additional Advocate General submits that there were some responsible officer at that point of time, who were prima facie found guilty and action has been taken against them and they have been suspended and inquiry is going on against them. He further submits that to ensure the comprehensiveness of the subject matter of the case and transparency of the investigation a three Members Committee Headed by Hon'ble Justice Brijesh Kumar Srivastava has been constituted by Uttar Pradesh Government under the Judicial Inquiry Commission Act, 1952 (Act No.60 of 1952) dated 3.7.2024. 4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is a married lady aged about 45 years and she is not named in the impugned FIR even no specific role has been assigned to her. The applicant is in jail since 4.7.2024. He further submitted that similarly placed co- accused, namely, Upendra Singh, Ram Prakash Shakya, Ramladaite, Durvesh Kumar and Dalveer Singh, have already been granted bail by co-ordinate Bench this Court vide orders dated 6.12.2024, 7.1.2025, 12.12.2024, 12.12.2024, 7.1.2025 in Criminal Misc. Bail Application Nos. 38437 of 2024, 40535 of 2024, 40950 of 2024, 42231 of 2024 and 42891 of 2024, therefore, the applicant is also entitled for bail on the ground of parity. 5. I have perused the bail orders of the co-accused and find that the role assigned to the present applicant is almost similar to that of co-accused persons, who have already been granted bail by co-ordinate Bench of this Court. 6. On the other hand, Mr. Manish Goyal, learned Additional Advocate General appearing for the State does not dispute the aforesaid facts. 7. Considering the facts and circumstances of the case, the instant bail application is allowed and the interim order dated 10.9.2024 granted earlier is hereby made absolute on the same terms and conditions as mentioned in the order dated 10.9.2024. Order Date :- 15.1.2025 Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad