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2025 DAILYLAW 98566 (ALL)

SHANTI DEVI AND ANOTHER v. STATE OF U.P.

BAIL/33324/2025 · 2025-09-24

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33324 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged against eight persons including the applicants. The allegation is that all the named accused assaulted the informant's brother by lathi-danda and sharp edged weapons. The injured sustained two injuries which are on non vital part. Learned counsel further submits that the injured-Dinesh in his statement has made general allegation of assaulting by lathi-danda and sharp edged weapon but he has not assigned any specific weapon or any specific role to any of the accused including the applicants. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicants are in jail since 02.09.2025, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicants-Shanti Devi and Vishnu @ Pandey, be enlarged on bail in Case Crime No. 174 of 2024, under Sections 147, 149, 307, 323, Versus Counsel for Applicant(s) : Akhilesh Counsel for Opposite Party(s) : G.A. Shanti Devi And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 325, 341, 427, 452, 504, 506 I.P.C., Police Station- Harduaganj, District- Aligarh, on executing a personal bond each and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) Applicant shall not tamper with the prosecution evidence. ii) Applicants shall not threaten or harass the prosecution witnesses. iii) Applicants shall appear on the date fixed by the trial court. iv) Applicants shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) Applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicants in accordance with law. September 25, 2025 Mustaqeem. BAIL No. 33324 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad