Allahabad High Court
RAMAWATI DEVIversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
Ramawati Devi, the mother of a co-accused, applied for bail in a case registered under Sections 3(5), 115(2), 352, 351(2) of the Indian Penal Code and Section 103(1) of the B.N.S. She argued that she was falsely implicated, that the FIR contained only general allegations against her, and that a co-accused, Sunita Devi, had already been released on bail, establishing parity. The State opposed bail, but the court, noting the applicant’s gender, lack of prior criminal record, the nature of the offence, the presence of a charge‑sheet, and the need to decongest prisons, relied on recent Supreme Court judgments (Kapil Wadhawan vs CBI, Policy Strategy for Grant of Bail, and Pila Pahan vs State). The court held that she was entitled to bail and ordered her release on personal bond with two sureties, subject to standard conditions. The bail order was issued with procedural directions for verification and electronic transmission.
Issues considered
- Whether the applicant, Ramawati Devi, is entitled to bail despite being charged under serious offences.
- Whether the principle of parity with a co‑accused already released on bail applies.
- Whether the presence of a charge‑sheet eliminates the need for custodial interrogation.
- Whether the applicant poses a risk of tampering with evidence or committing further offences.
Legislation cited
- B.N.S. — s. 103(1)
- Indian Penal Code — s. 115(2), 3(5), 351(2), 352
Subjects
- bail
- false implication
- gender
- parity
- overcrowded prisons
- Indian Penal Code
- criminal procedure
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 19096 of 2026
Ramawati Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vrat Sheel
Counsel for Opposite Party(s) : G.A., Janardan Yadav
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Vrat Sheel, learned counsel for the applicant, Sri
Janardan Yadav, learned counsel for the first informant, 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 during the trial in Case Crime No. 45 of 2026,
under Sections 3(5), 115(2), 352, 351(2) 103(1) B.N.S., Police Station
Ghosi, District Mau.
3. Contention of learned counsel for the applicant is that the applicant
is an innocent person and she has been falsely implicated in the
present case. He further submitted that in the FIR, only general
allegation has been made against all the accused persons, however,
specific allegation has been made against the accused Ramjit Yadav;
during investigation eye-witness made specific allegation of causing
injury to deceased against Ramjit Yadav as well as co-accused
Vijendra Yadav and applicant has been falsely implicated only being
the mother of co-accused Vijendra Yadav, though no specific role has
been assigned to the applicant. From bare perusal of the post-
mortem report, it is clear that the injured received two injuries: one is
incised wound and other is lacerated wound, which have been
assigned to the co-accused Ramjit Yadav and Vijendra Yadav. He
further submitted that the applicant has been falsely implicated in the
present case due to ulterior motive. It is further submitted that co-
BAIL No. 19096 of 2026
2
accused Sunita Devi has already been released on bail by this
Court in Criminal Misc. Bail Application No. 17799 of 2026 vide
order dated 02.06.2026. Therefore, the applicant is also entitled to
be released on bail on the ground of parity. It is further submitted
that the applicant is a lady. Applicant has no criminal history. The
applicant is in jail since 09.02.2026. He further submitted that charge
sheet has been filed by the police, therefore, there is no requirement
for custodial interrogation. In case the applicant is released on bail,
she will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. Per contra, learned A.G.A. as well as learned counsel for the first
informant have 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 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 bail application is allowed.
6. Let the applicant - Ramawati 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.
BAIL No. 19096 of 2026
3
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.
9. 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.
10. 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.
11. Office is directed to send a copy of this order to the applicant
through concerned Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode 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 as well as
Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand
and another, in Writ Petition (Criminal) No. 169 of 2025,
decided on 29.05.2026.
(Arun Kumar Singh Deshwal,J.)
September 8, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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