Allahabad High Court
NEELAM TIWARIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
Neelam Tiwari applied for bail in a criminal case (Crime No.146 of 2026) under Section 103(1) IPC for allegedly assaulting and causing the death of the informant's brother on 19 July 2026. The prosecution alleged that Tiwari, along with two others, inflicted fatal injuries, while the defence argued that the injuries were not fatal and the death resulted from a fall, citing the post‑mortem report and the five‑hour delay in filing the FIR as indicators of false implication. The applicant had no prior criminal record and had been in custody since 20 July 2026, undertaking to cooperate with the trial. The State opposed bail, asserting that the FIR named the applicant as an assailant. The court, after considering the material and without opining on the merits, found that prima facie the applicant had made out a case for bail and ordered her release on personal bond and two sureties with standard conditions.
Issues considered
- Whether bail should be granted to the accused under Section 103(1) IPC pending trial.
- Whether the delay in lodging the FIR and the post‑mortem findings affect the bail eligibility.
- Whether the applicant poses a risk of tampering with evidence or fleeing.
Legislation cited
- Indian Penal Code — s. 103(1)
Subjects
- bail
- criminal procedure
- assault
- homicide
- false implication
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31665 of 2026
Neelam Tiwari
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahendra Pratap Singh, Raghvendra
Tripathi, Rohit Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.13 out of 172 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mahendra Pratap Singh, learned counsel for the applicant, Sri
Pradeep Mishra, learned counsel for the informant as well as Sri Anit Kumar
Shukla, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.146 of 2026, under Sections
103(1) BNS, Police Station Rampur, District Jaunpur, during the pendency
of trial.
4. As per the prosecution story, the applicant, along with two other
accused persons, is stated to have assaulted and caused injuries to the
brother of the informant on 19.07.2026 at about 7:30 p.m. He was rushed
to the hospital and was subsequently declared dead.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
injuries sustained by the deceased were not visibly fatal, however, as per
the doctor who conducted the autopsy, the cause of death was due to ante-
mortem head and facial injuries. Learned counsel has placed much
reliance on the post-mortem report, which indicates that muddy face and
whole chest and abdomen were seen and the same indicates that the
deceased, who was in an inebriated state, had fallen down and sustained
BAIL No. 31665 of 2026
2
injuries.
6. Learned counsel for the applicant has further argued that the FIR was
lodged after a delay of about five hours, for which no explanation has
been furnished. Both the injuries were on the left side of the face and
temporal region, which indicates the false implication of the applicant.
The applicant has no criminal history and is in jail since 20.7.2026. She
undertakes to cooperate with the trial and not misuse the liberty of bail.
7. Learned counsel for the informant and learned A.G.A. have vehemently
opposed the bail application on the ground that the applicant is named in
the FIR and was involved in inflicting injuries upon the deceased.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
9. Let the applicant- Neelam Tiwari, be released on bail in the
aforementioned case crime on furnishing a personal bond and two sureties to
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that she shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
10. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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