Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30260 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicants, 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-applicants, Anita Devi and Sunita Devi, seeking enlargement on bail in Case Crime No. 735 of 2025, under Sections 191 (2), 191 (3), 352, 103 (1) BNS, Police Station- Kotwali, District- Deoria. 3. Learned counsel for the applicants argued that the accused-applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 28.07.2025. It is submitted that similarly placed co-accused, Budhai Chauhan has already been enlarged on bail of by coordinate Bench of this Court by order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 29926 of 2025. He further submitted that since the role of the applicant is identical to that of co-accused, Budhai Chauhan, who has already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. They have no criminal antecedent and there is no likelihood of them fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 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 Versus Counsel for Applicant(s) : Brijesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Anita Devi And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
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-applicants, Anita Devi and Sunita Devi involved in above mentioned case crime number be released on bail, on their 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: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii.
The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are 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 their bail. September 11, 2025 v.k.updh. BAIL No. 30260 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad