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Allahabad High Court

MEENA KUMARIversusSTATE OF U.P.

Decided

Holding

The court held that the accused is entitled to bail and allowed the application without touching the merits of the case.

Summary

Meena Kumari applied for bail in a criminal case (Crime No. 0249 of 2026) involving sections 109(1), 115(2), 118(1), 351(3), 352 and 61(2) of the Indian Penal Code. She claimed she was falsely implicated based on a co‑accused’s statement and that the FIR was lodged by the injured’s daughter against anonymous persons. The applicant has no prior criminal record and has been cooperating with the investigation since her arrest on 11‑08‑2026. The State opposed the bail, but the court noted that the accusation arose solely from the co‑accused’s statement and found no reason to deny bail. Relying on Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for grant of bail in re, the court granted bail on personal bond and sureties, without addressing the merits of the case.

Issues considered

  • Whether the accused is entitled to bail under the specified sections of the Indian Penal Code despite being implicated solely through a co‑accused’s statement
  • Whether the lack of criminal history and alleged false implication justify the grant of bail

Legislation cited

Subjects

  • bail
  • false implication
  • co‑accused statement
  • Indian Penal Code
  • Supreme Court bail jurisprudence
  • Uttar Pradesh

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 33810 of 2026

Meena Kumari
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)               :   Shashi Bhushan Kunwar
Counsel for Opposite Party(s)          :   G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Heard Sri Shashi Bhushan Kunwar, learned counsel for accused
applicant and learned A.G.A. for State.

2. The present bail application has been moved by the applicant accused-
Meena Kumari to enlarge him on bail in Case Crime No. 0249 of 2026,
under Sections 109(1), 115(2), 118(1), 351(3), 352, 61(2) of BNS, P.S.-
Bansdih, District- Ballia, during the pendency of trial.

3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 10.08.2026 lodged by
the daughter of injured against three anonymous persons, who were on a
bike, with the allegation that his Father Munna Prasad was going along
with Satyendra Turaha for the preparation of sweets. In the way he has
been been intercepted by three persons, who had assaulted him by sharp
edged weapon. The inured sustained injuries. Later on, the police has
arrested co-accused Krishna Chauhan in another case and in his
statement, he has disclosed the name of accused applicant, who is niece of
the injured. It is the contention of learned counsel that later on the same
statement has been given by the injured. The applicant has no complicity.
There is no dispute between the parties. The accused applicant is an
unmarried lady and she has no criminal history. Investigation is
continuing and she is co-operating in the investigation. The accused
applicant is languishing in jail since 11.08.2026. He seeks enlargement of
accused on bail.
                                                                                            BAIL No. 33810 of 2026
                                                                   2


                                    4. Learned A.G.A. for State opposed the bail application.

                                    5. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    6. Considering the name of accused applicant has been figured out from
                                    the statement of co-accused, the accused/applicant is entitled to be released
                                    on bail.

                                    7. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    8. The accused/applicant be released on bail in the aforesaid case on
                                    furnishing a personal bond and two sureties each in the like amount to the
                                    satisfaction of court concerned in view of observation made by the
                                    Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
                                    Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
                                    re [(2024)10SCC 685].

                                    9. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                            (Avnish Saxena,J.)
                                    September 23, 2026
                                    Sharad/-




Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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