Allahabad High Court
SMT. REKHA DEVIversusSTATE OF U.P.
- Decided
- Bench
- VIVEK VARMA
Holding
The Court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Smt. Rekha Devi, the wife of a deceased, who had been in custody since 24 February 2026 for a case under Section 105 of the Indian Penal Code. The applicant claimed false implication and highlighted that the prosecution’s key witness, examined as P.W.-1, was declared hostile and did not support the prosecution’s version. The State opposed bail but could not demonstrate any risk of evidence tampering, witness intimidation, or trial delay. Observing that the applicant had no prior criminal record, had been detained for over seven months, and that the prosecution offered no reasonable apprehension, the Court found her entitled to bail. Accordingly, the Court ordered her release on personal bond and two sureties, subject to conditions of appearance, non‑tampering, and non‑pressurisation of witnesses.
Issues considered
- Whether the applicant should be granted bail despite the pending trial under Section 105 IPC.
- Whether the prosecution has established a reasonable apprehension of tampering, intimidation, or trial delay to deny bail.
- Whether the hostile nature of the key prosecution witness affects the bail determination.
Legislation cited
- Indian Penal Code — s. 105
Subjects
- bail
- criminal procedure
- hostile witness
- false implication
- pre‑trial detention
- women's rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24294 of 2026
Smt. Rekha Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhir Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned
AGA for the State-opposite party. Perused the material available on record.
2. The present bail application has been filed with the prayer to enlarge the
applicant on bail in Case Crime No. 146 of 2026, under Section 105 B.NS.,
Police Station- Ijjat Nagar, District- Bareilly, during the pendency of the
trial.
3. Counsel for the applicant submits that the applicant is the wife of the
deceased and has been falsely implicated in the present case. During trial,
the informant was examined as P.W.-1. The said prosecution witness has not
supported the prosecution version and has been declared hostile by the trial
court vide order dated 31.8.2026. The statement of P.W.-1 is annexed as
Annexure RA-1 to the rejoinder affidavit. The applicant is in jail since
24.02.2026 having no criminal antecedents and in case, she is enlarged on
bail, she will not misuse the said liberty.
4. Learned AGA has opposed the prayer for bail but could not satisfactorily
dispute the aforesaid submissions from the record.
5. Having heard counsel for the parties and having perused the record this
Court prima facie finds that during trial, the informant, who was examined
as P.W.-1, has not supported the prosecution version and has been declared
hostile by the trial court. Further, the applicant is a lady and has remained
confined for more than seven months and there is no hope of early
conclusion of trial, more so when no reasonable apprehension has been
brought to the fore by the State that the applicant, if enlarged on bail, would
either tamper with the evidence or delay the trial or intimidate the witness,
without commenting on merits of the case, I am of the opinion that the
BAIL No. 24294 of 2026
2
applicant is entitled to be enlarged on bail.
6. Let the applicant Smt. Rekha Devi, involved in the aforesaid case crime
be released on bail on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to the
conditions that she:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
7. In case of breach of any of the above conditions, the prosecution shall be
at liberty to move bail cancellation application before this Court.
October 1, 2026
Manish Kr
(Vivek Varma,J.)
Digitally signed by :-
MANISH KUMAR
High Court of Judicature at Allahabad
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