Allahabad High Court
AMOLA DEVI AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The court held that the applicants are entitled to bail and allowed the bail application.
Summary
The Allahabad High Court considered a bail application filed by Amola Devi and Malti Devi, who were charged under multiple sections of the Indian Penal Code and other statutes for a violent incident in Kushinagar. The applicants argued that the FIR and witness statements ascribed a general role to all twelve accused, with no specific evidence linking them to the fatal injuries, and highlighted that co‑accused had already been released on bail, invoking parity. The State opposed bail but did not dispute the factual background. Relying on the Supreme Court’s decisions in Kapil Wadhawan v. CBI (2025) and the policy directive on bail (2023), the court noted the nature of the offences, the evidence, and the need to decongest prisons, and without expressing a view on guilt, granted bail. The court ordered the release of the applicants on personal bond with two sureties each, subject to standard bail conditions.
Issues considered
- Whether the applicants are entitled to bail despite the seriousness of the offences charged.
- Whether the grant of bail to co‑accused on the same factual basis creates a right of parity for the applicants.
- Whether the nature of the evidence and the principle of decongesting prisons justify bail.
Legislation cited
- B.N.S.
- C.L.A. Act
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 325, 504, 506
Subjects
- bail
- criminal procedure
- Indian Penal Code
- parity
- overcrowded prisons
- pre‑trial detention
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13046 of 2026
Amola Devi And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rajesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rahul Jain, Advocate holding brief of Shri Rajesh Kumar Singh, learned
counsel for the applicants, Sri Anand Pratap Singh, learned A.G.A. for the State and
perused the record.
2. The instant bail application has been filed with a prayer to release the applicants on
bail in Case Crime No. 741 of 2025, under Sections 191(2), 115(2), 352, 351(3),
109(1), 117(2), 191(3), 118(1), 103(1), 190 B.N.S. & 7 C.L.A. Act, (corresponding
section -147, 323, 504, 506, 307, 325, 148, 324, 302, 149 I.P.C.), P.S. Kotwali
Padarauna, District -Kushinagar, during the pendency of the trial.
3. Learned counsel for the applicants has submitted that in the FIR as well as in the
statement of witnesses including the injured, general role has been assigned to all the
12 accused persons including the applicants and from perusal of postmortem report of
the deceased, Chote, it is clear that he received two head injuries which were found to
be fatal and no specific role has been assigned to any of the accused including the
applicants to cause that injury. It is further submitted that there is no recovery of any
weapon on pointing out of the applicants while lathi and one bhala have been
recovered on pointing out of the co-accused, Nitesh and Amit Kumar, therefore,
applicants has been falsely implicated. It is also submitted that none of the other
injured has received any grievous injury on vital part and most of the injuries are
simple in nature. It is further submitted that co-accused Arti Devi and Arti @ Gayatri
Devi, have already been released on bail by a coordinate Bench of this Court in
Criminal Misc. Bail Application No. 12362 of 2026 vide order dated 13.04.2026.
Therefore, the applicants having an identical role, are also entitled to be released on
bail on the ground of parity. It is further submitted that the applicants has no criminal
history. It is further submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The applicants are law
abiding citizens and they are languishing in jail since 22.12.2025. In case, they are
granted bail, they will not misuse the liberty of bail and would cooperate in the trial
proceedings.
BAIL No. 13046 of 2026
2
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not
dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case, submissions of learned
counsel for the parties and taking into account the fact that similarly situated co-
accused has been enlarged on bail and keeping in view the nature of offence,
evidence, complicity of the accused and taking into account overcrowded jails and
heavy pendency of criminal cases before the trial courts as well as considering the
mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 and
without expressing any opinion on the merits of the case, I am of the opinion that the
applicants are entitled to be enlarged on bail. Accordingly, the present application is
allowed.
6. Let the applicants- Amola Devi and Malti Devi, involved in the aforementioned
crime be released on bail, on their furnishing personal bonds and two sureties each in
the like amount, to the satisfaction of the court concerned, with the following
conditions:-
i. The 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 him from
disclosing such facts to the Court or to any police officer or tamper with the evidence.
ii. The applicants shall cooperate in the trial/investigation sincerely without seeking
any adjournment.
iii. The applicants shall not indulge in any criminal activity or commission of any
crime after being released on bail.
iv. The applicants shall attend in accordance with the conditions of the bond executed
by them.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicants and sureties be verified by the
court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhar card of the applicants as well as sureties
should be verified by the court concerned.
10. It is made clear that the applicants shall be released on the basis of computer
generated copy of this order, downloaded from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking that the
certified copy will be filed within 15 days.
BAIL No. 13046 of 2026
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11. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure early
release of the applicants.
12. Office is directed to send a copy of this order to the applicants through concerned
Jail Superintendent via e-mail or e-prison portal in compliance of the order of the
Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ
Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Arun Kumar Singh Deshwal,J.)
April 20, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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