Allahabad High Court
ANEETA YADAVversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to be released on bail.
Summary
Aneeta Yadav applied for bail in a murder case (Crime No. 29 of 2026) where she was alleged to be involved in a land dispute that led to the death of a woman. The prosecution’s narrative implicated other accused, particularly Babulal, while no specific allegation was made against Aneeta. Her counsel argued that she has no criminal record, is a woman, and should be released on bail under Section 480 of the Bail Act. The State opposed bail but did not dispute the facts. Considering the nature of the offence, lack of direct evidence against her, gender considerations, jail overcrowding, and recent Supreme Court precedents, the High Court granted bail with standard conditions. The order also directed procedural steps for verification and release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to Aneeta Yadav under Sections 103(2), 109(1), 191(2), 191(3), 190, 333, 131, 352 of the IPC in view of the nature of the offence and lack of specific allegation against her.
- Whether the applicant’s gender, clean criminal record, and the problem of jail overcrowding warrant bail despite the seriousness of the charges.
Legislation cited
- Indian Penal Code — s. 103(2), 109(1), 131, 190, 191(2), 191(3), 333, 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- gender considerations
- jail overcrowding
- murder trial
- preliminary evidence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15009 of 2026
Aneeta Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brij Lal Shukla, Pawan Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Pawan Kumar Mishra, learned counsel for the applicant, Sri
Roshan Kumar Singh, learned A.G.A. for the State and perused the
record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No. 29 of 2026, under
Sections 103(2), 109(1), 191(2), 191(3), 190, 333, 131, 352 BNS, Police
Station- Tarkulwa, District Deoria.
3. Contention of learned counsel for the applicant is that as per
prosecution story, all the accused persons as well as family of the
deceased are near relatives and over a dispute of land, quarrel took place
and co-accused Babulal has hit the injured Narsingh Yadav with hoe
(kudal). When he tried to repeat the blow, then the deceased tried to
rescue him and co-accused Babulal hit the deceased which resulted into
her death. Learned counsel for the applicant further submitted that the
injured Narsingh Yadav made specific allegation against co-accused
Babulal for causing grievous injuries to him as well as deceased and on
his pointing out a hoe (kudal) was recovered. The applicant has been
falsely implicated though there is no specific allegation against her. It is
lastly 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.
She is languishing in jail since 07.02.2026. In case, she is granted bail,
she will not misuse the liberty of bail and would cooperate in the trial
BAIL No. 15009 of 2026
2
proceedings.
4. On the other hand, learned A.G.A. for the State 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 the
applicant is lady and keeping in view the nature of offence, evidence,
complicity of 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 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. Accordingly, the present application is allowed.
6. Let the applicant- Aneeta Yadav 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 her 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 him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 15009 of 2026
3
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number as well as Aadhar Card of the applicant
and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order 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 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
Deoria 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.
(Arun Kumar Singh Deshwal,J.)
May 5, 2026
A.Kr.
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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