Allowed¶12

Basanti Devi v. State of U.P.

Allahabad HC11 Aug 2025BAIL/25869/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Court No. 66), neutral citation 2025:AHC:136806; Criminal Misc. Bail Application No. 25869 of 2025, decided 12.08.2025 by Ashutosh Srivastava, J. Applicant Basanti Devi v. State of U.P.; Case Crime No. 15 of 2025, Sections 85 & 108 BNS 2023, PS Duddhi, District Sonbhadra; bail under Section 483 BNSS 2023; custody since 06.06.2025; parity with co-accused Shobh Nath (Bail Application No. 13494 of 2025, bail granted 01.05.2025); bail allowed with personal bond and two sureties and standard conditions.

What did the court decide?

Accused-applicant Basanti Devi to be released on bail in Case Crime No. 15 of 2025 on her executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions; in the event of breach, the court below is at liberty to cancel her bail.

Basanti Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether the accused-applicant Basanti Devi is entitled to be enlarged on bail in Case Crime No. 15 of 2025 under Sections 85 & 108 of the Bharatiya Nyaya Sanhita, 2023, Police Station Duddhi, District Sonbhadra.

¶7

Court's answer

Considering the facts and circumstances, the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and the prima facie case, but without commenting on the merits, a case for bail is made out.

¶10

Ratio / Principle

The bail application is allowed; the accused-applicant Basanti Devi is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressure/intimidation of prosecution witnesses, regular appearance before the trial court), with liberty to the court below to cancel bail on breach of any condition.

¶11

Detailed headnote1 paragraphs

Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Case Crime No. 15 of 2025 under Sections 85 & 108 of the Bharatiya Nyaya Sanhita, 2023, Police Station Duddhi, District Sonbhadra. The applicant, in jail since 06.06.2025 and claiming false implication, sought bail on the ground of parity, the similarly circumstanced co-accused Shobh Nath having been enlarged on bail by a co-ordinate Bench on 01.05.2025 in Criminal Misc. Bail Application No. 13494 of 2025, a fact the learned AGA could not dispute. Held: without commenting on the merits, and considering the nature of accusations, severity of punishment, supporting evidence, apprehension of tampering and the prima facie case, a case for bail was made out. Bail allowed on a personal bond and two reliable sureties, subject to conditions of non-tampering, abstention from criminal activity, non-intimidation of prosecution witnesses and regular trial attendance, with liberty to the court below to cancel bail on breach.

¶1

Neutral Citation No. - 2025:AHC:136806

¶2

Court No. - 66

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25869 of 2025

¶4

Applicant :- Basanti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Ashutosh Srivastava, J.

¶6

Heard Sri Ran Vijay Chaubey, Advocate, holding brief of Sri Piyush Tripathi, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record.

¶7

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 15 of 2025, under Sections 85 & 108 of the Bharatiya Nyaya Sanhita, 2023, Police Station Duddhi, DistrictSonbhadra.

¶8

Learned counsel for the applicant argued that the accusedapplicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 06.06.2025 . Learned counsel for the applicant submits that similarly circumstanced present applicant- Shobh Nath has already been enlarged on bail by co-ordinate Bench of this Court on 01.05.2025 in Criminal Misc. Bail Application No. 13494 of 2025 . She 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.

¶9

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused has already been granted bail by this Court.

¶10

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.

¶11

Accordingly, the bail application is allowed.

¶12

Let the accused-applicant, Basanti 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:

¶13

The applicant will not tamper with the evidence.

¶14

The applicant will not indulge in any criminal activity.

¶15

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

¶16

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.

¶17

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.

¶18

Order Date :- 12.08.2025 Vinod.

¶19

(Ashutosh Srivastava, J.)

¶20

Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Basanti Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Basanti Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases