KM. SHIWANIversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15544 of 2026

Km. Shiwani
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                :   Mithilesh Kumar Shukla
Counsel for Opposite Party(s)           :   G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard learned counsel for the applicant, 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. 44 of 2026, under Sections 85,
109(1), 115(2), 352, 351(2), 117(2) of the B.N.S., Police Station-
Khairgarh, District- Firozabad, during the pendency of the trial.
3. The learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. It is further contended that the
applicant is the unmarried Nanad of the injured. A matrimonial dispute
has led to the false implication of the applicant. The First Information
Report (FIR) was initially lodged for offences under Sections 191(2),
115(2), 352, 351(1) of the B.N.S. Later on, in the statement of the injured,
who is the sister-in-law of the applicant, the applicant and her mother
have been assigned the role of throwing the injured from the roof who led
to her sustaining fractures in the hands and legs. Learned counsel for the
applicant contends that the applicant has no criminal antecedents and is in
jail since 21.03.2026.
4. The learned A.G.A. has opposed the prayer for bail and has contended
that specific role of trying to kill the injured has been assigned to the
applicant and the co-accused, the mother of the applicant. The case of the
applicant is clearly distinguishable from the other named accused in the
FIR and being the primary accused of the case, no indulgence may be
granted to her.
5. I have considered the submissions made by the learned counsel for the
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                                2

parties.
6. Initially, the FIR was lodged for offences under Sections 191(2),
115(2), 352, 351(1) of the B.N.S.. The FIR itself has been lodged after
three days of the occurrence. The delay in lodging of the FIR has not been
explained. In the supplementary report, the fractures have been found in
the left forearm and left leg. No grievous injury is said to have been
sustained by the injured on any vital part of the body. Although specific
allegation of throwing the injured from the roof has been assigned to the
applicant and the co-accused, in the opinion of the Court, the case of the
applicant, who is an unmarried sister-in-law (Nanad) is distinguishable
from that of the co-accused Smt. Guddi Devi, who is the mother-in-law of
the injured. The applicant has no criminal antecedents and is in jail since
21.03.2026.
7. Taking into consideration the facts and circumstances, enumerated
above, and without expressing any opinion on the merits of the case, I
deem it appropriate to grant bail to the applicant.
8. Let the applicant - Km. Shiwani, involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the Court
concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless her personal appearance is exempted by the Court
concerned.
9. In the event of breach of any of the aforesaid conditions, the Court
below will be at liberty to proceed to cancel her bail.
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
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                                                                    3

                                    ensure early release of the applicant.


                                                                             (Rajiv Lochan Shukla,J.)
                                    May 7, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad