Allahabad High Court
NEETA DEVI ALIAS RITA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a similarly situated co‑accused.
Summary
The High Court considered a bail application filed by Neeta Devi (alias Rita Devi) in a criminal case (Crime No. 149 of 2025) involving offences under the BNS Act, the POCSO Act and the SC/ST Act. The applicant sought bail during the pendency of trial, citing that a co‑accused, Sandeep Tyagi, had already been released on bail in a similar case. The court examined the material on record, the submissions of counsel, and the principle of parity among co‑accused. Finding that the applicant had made out a case for bail and that no material distinction existed, the court granted bail on the condition of a personal bond and two sureties. The order imposed standard conditions such as non‑tampering with evidence, non‑intimidation of witnesses, and attendance before the trial court, and warned that breach would lead to cancellation of bail.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial for offences under the BNS Act, POCSO Act and SC/ST Act.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant.
Legislation cited
Subjects
- bail
- parity principle
- criminal procedure
- POCSO Act
- SC/ST Act
- bail conditions
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25894 of 2025
Neeta Devi Alias Rita Devi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Brajesh, Mohd Achhay
Counsel for Opposite Party(s) : G.A., Manish Kumar Dwivedi
Court No. - 65
(Sl. No. 117 out of 259)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the
informant has been served on 21.07.2025 but none is present on behalf of
the informant.
2. Heard Sri Mohd Achhay, learned counsel for the applicant and Sri
Sunil Kumar, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 149 of 2025, under Section
65(1), 115(2), 143(1)(b), 3(5) of BNS, Section 5i/6 of POCSO Act and
Sections 3(2)v, 3(1)dha of SC/ST Act, Police Station - Kokhraj, District -
Kaushambi, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking
into consideration that similarly placed co-accused person, Sandeep
Tyagi, has already been enlarged on bail by this Court vide order dated
37141 of 2025 passed in Criminal Misc. Bail Application No. 09.04.2026,
prima facie the Court is of the view that the applicant has made out a case
for bail. Accordingly, the bail application is allowed on the ground of
parity.
5. Let the applicant- Neeta Devi Alias Rita Devi, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
BAIL No. 25894 of 2025
2
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
6. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
April 23, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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