SMT MITHLESH AND ANOTHERversusSTATE OF U.P.

    HIGH COURT OF JUDICATURE AT ALLAHABAD
    CRIMINAL MISC. BAIL APPLICATION No. - 14136 of 2026



Smt Mithlesh And Another
                                              .....Applicant(s)
                           Versus

State of U.P.
                                                    .....Opposite
                                                          Party(s)

Counsel for Applicant(s)      : Malya      Shree,       Shivajee
                                Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 67


         HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Shivajee Srivastava, learned counsel for the
applicants and Sri D.P.S. Chauhan, 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.308 of
2025, under Sections-191(2), 115(2), 103(1) BNS, Police
Station-Gangiri, District-Aligarh, during the pendency of the
trial.

3. Contention of learned counsel for the applicants is that
applicant no.1 is the wife and applicant no.2 is the brother-
in-law of the deceased and there was a matrimonial dispute
between applicant no.1 and the deceased. In the FIR,
allegation has been made on the basis of apprehension
that the applicant along with other family members have
forcibly administered poisonous substance to the deceased
and kept him in an unconscious state in the house of Shiv
Dayal. Though, the first informant in his statement
mentioned that there is audio, video clip of the deceased
while he was taking to the hospital but there is no such
                                                  BAIL No. 14136 of 2026
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video clip available in the case diary and there is no other
incriminating material against the applicant. Even the
statement of eye witness, Shiv Dayal where the deceased
was lastly found in an unconscious state was not recorded.
It is further submitted that applicants have been falsely
implicated merely because applicant no.1 is having
matrimonial dispute with the deceased. The correct fact is
that the deceased himself consumed poisonous alcohol
and after his death, false allegations have been made
against the applicant and other co-accused persons. It is
further submitted that even during investigation, the
complainant had given an affidavit to the SP mentioning
therein that he has incorrectly mentioned the name of the
accused persons merely on the basis of doubt. It is further
submitted that the co-accused Yashpal and Smt. Maya
Devi, have already been released on bail by a coordinate
Bench of this Court in Criminal Misc. Bail Application
No.10562 of 2026 vide order dated 30.03.2026. Therefore,
the applicants are also entitled to be released on bail on the
ground of parity. It is further submitted that the applicants
have 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 citizen and they are languishing in jail since
21.11.2025. In case, they are granted bail, they will not
misuse the liberty of bail and would cooperate in the trial
proceedings.

4. 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
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
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                          3


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 applicants- Smt. Mithlesh and Nawab, involved
in the aforementioned crime be released on bail, on their
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 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 them 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 Aadhaar card as well as mobile number of
the applicants and sureties should also be conducted by
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                                                                4


                                        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.

                                        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 Aligarh 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