Allahabad High Court
LALTI DEVIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail, notwithstanding the gravity of the offence, due to the inordinate delay, lack of substantive evidence, and other mitigating factors.
Summary
Lalti Devi was charged under Section 302 IPC for allegedly strangling her five‑year‑old step‑daughter, based primarily on a confession to the complainant and without any eye‑witness. She has been in custody since January 2020 and the trial has progressed slowly, with only six of fourteen witnesses examined. The applicant’s counsel argued that the prolonged delay violated her right to a speedy trial, that she has no prior criminal record, and that gender considerations under Section 480 BNSS favor bail. The State opposed bail but did not dispute the factual background. Relying on Supreme Court precedents concerning bail in delayed trials and the need to decongest prisons, the High Court granted bail with a personal bond, two sureties, and specific conditions, without expressing an opinion on the merits of the murder charge.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the Section 302 IPC charge.
- Whether the delay in trial infringes the right to a speedy trial warranting bail.
- Whether gender and lack of prior criminal record justify bail under applicable provisions.
Legislation cited
- Indian Penal Code — s. 302, 480
Subjects
- bail
- Section 302 IPC
- speedy trial
- gender considerations
- overcrowded prisons
- conditions of bail
- delay in trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14105 of 2026
Lalti Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ashish Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ashish Pandey, learned counsel for the applicant, Sri
Roshan Kumar 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 applicant on bail in Case Crime No.19 of 2020, under Section-302
IPC, 1860, Police Station-Phoolpur, District-Prayagraj, during the
pendency of the trial.
3. Contention of learned counsel for the applicant is that FIR was
lodged by the husband of the applicant with the allegation that in his
absence, the applicant has strangulated his five year old daughter
born out of the earlier wife of the first informant. It is further submitted
that there is no eye witness of the incident in question and several
other persons have also been residing in the house, therefore, there
is no incriminating material against the applicant except her
confession to the first informant. It is further submitted that applicant
is in jail for more than six years and out of 14 witnesses, till date only
6 witnesses have been examined before the trial court. Therefore,
there is bleak probability of conclusion of trial in near future. He has
also relied upon the latest judgement of the Apex Court in the case of
Sahil Manoj Machare Vs. State of Maharashtra in SLP (Crl.)
No.7502 of 2026 wherein the Apex Court has observed that even if
the charges are serious if the trial is delayed then the right of speedy
trial is infringed. It is further submitted that the applicant has no
criminal history and being a lady, she is entitled to be released on bail
in view of Section 480 BNSS. The applicant is a law abiding citizen
and she is languishing in jail since 15.01.2020. In case, she is
BAIL No. 14105 of 2026
2
granted bail, she will not misuse the liberty of bail and would
cooperate in the trial proceedings.
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 applicant is a lady and also keeping in view the
nature of offence, evidence, complicity of the accused and also 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 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Lalti Devi, involved in the aforementioned crime
be released on bail, on her furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the court
concerned, with the following conditions:-
i. The applicant 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 applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by her.
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 applicant and sureties be
verified by the court concerned before the bonds are accepted.
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9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant 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.
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 applicant.
12. Office is directed to send a copy of this order to the applicant
through concerned Jail Superintendent via e-mail or e-prison portal
within 24 hours 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.
May 6, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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