Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:157369 Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29861 of 2025
Applicant :- Krishna Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dhiranjan Singh Patel,Vishwanath Mishra Counsel for Opposite Party :- Ashwani Kumar Pathak,G.A.
Hon'ble Ashutosh Srivastava,J.
1. Heard learned counsel for the applicant, Shri Ashwani Kumar Pathak,
learned counsel who has put in appearance in opposition to the bail application and Shri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Krishna Devi, seeking enlargement on bail in Case Crime No. 183 of 2025, under Sections 191(2), 115(2), 351(3), 352, 103(1), 117(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Belipar, District- Gorakhpur. 3. 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 12.06.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Sheela Devi has already been enlarged on bail by co-ordinate Bench of this Court on 21.08.2025 in Criminal Misc. Bail Application No. 28608 of 2025, 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 his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. 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. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Krishna 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. 8.
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 :- 8.9.2025 Anjali BAIL No. 29861 of 2025 2 Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad