DEEPA AND ANOTHERversusSTATE OF U.P.

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34426 of 2026

Deepa And Another
                                                               .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Ram Neta Singh
Counsel for Opposite Party(s) : Ayush Mishra, G.A., Prabha Shanker
                                Mishra

Court No. - 72
                    HON'BLE VIVEK KUMAR SINGH, J.

1. Heard Shri Ram Neta Singh, learned counsel for the applicants, Shri
Ayush Mishra, learned counsel for the informant and the learned A.G.A. for
the State of U.P.

2. The instant bail application has been filed seeking release of the
applicants on bail in Case Crime No.477 of 2026, under Sections 191(2),
191(3), 115(2), 127(2), 109(1), 351(3) BNS, Police Station Hapur Nagar,
District Hapur.

3. Learned counsel for the applicants submits that the applicants are innocent
ladies and have been falsely implicated in the present case. As per the
allegations contained in the FIR, the marriage of the applicant no.1 was
solemnized with one Rajesh. The matrimonial dispute was going on between
them. Several injuries were caused to the injured Rajesh. As per injury report
of the injured, he sustained as many as 12 injuries on his person. However,
as per supplementary medical report, all the injures are simple in nature. It is
further submitted that no offence under Section 109(1) BNS is made out
against the applicants. Section 109(1) BNS has wrongly been invoked in
order to keep the applicants behind the bar for a long time. There is no
criminal history of the applicants. Learned counsel for applicants further
submits that the applicants have been languishing in jail since 23.08.2026
and in case, they are released on bail, they will not misuse the liberty of bail
and will cooperate in trial.
                                                          BAIL No. 34426 of 2026
                                   2


4. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the
applicants and submitted that there is ample evidence against the applicants
regarding their involvement in the offence, therefore, they are not entitled to
be released on bail.

5. Having considered the rival submissions advanced by learned counsel for
the parties, the nature of accusations, the evidence brought on record, the
period of incarceration undergone by the applicants, the absence of any
criminal antecedents and without expressing any opinion on the merits of the
case, this Court finds that the applicants have made out a case for grant of
bail.

6. Accordingly, the bail application is allowed.

7. Let the applicants- Deepa and Preeti, who are involved in the
aforementioned case crime be released on bail on their furnishing personal
bonds and two sureties each in the like amount to the satisfaction of the court
concerned subject to following conditions. Further, before issuing the release
order, the sureties be verified.

(i) The applicants shall file an undertaking to the effect that they shall not
seek any adjournment on the date fixed for evidence when the witnesses are
present in Court. In case of default of this condition, it shall be open for the
Trial Court to treat it as abuse of liberty of bail and pass orders in
accordance with law.

(ii) The applicants shall remain present before the Trial Court on each date
fixed, either personally or through their counsel. In case of his absence,
without sufficient cause, the Trial Court may proceed against them under
Section 229-A IPC/ 269 B.N.S.

(iii) In case, the applicants misuses the liberty of bail during trial and in
order to secure their presence proclamation under Section 82 Cr.P.C./ 84
B.N.S.S., may be issued and if applicants fail to appear before the Court on
the date fixed in such proclamation, then, the Trial Court shall initiate
proceedings against them, in accordance with law, under Section 174-A IPC/
209 B.N.S.

(iv) The applicants shall remain present, in person, before the Trial Court on
                                                                                               BAIL No. 34426 of 2026
                                                                     3


                                    dates fixed for (1) opening of the case, (2) framing of charge and (3)
                                    recording of statement under Section 313 Cr.P.C./ 351 of B.N.S.S. If in the
                                    opinion of the Trial Court absence of the applicants are deliberate or without
                                    sufficient cause, then it shall be open for the Trial Court to treat such default
                                    as abuse of liberty of bail and proceed against them in accordance with law.

                                    8. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    9. It is made clear that observations made in granting bail to the applicants
                                    shall not in any way affect the learned trial Judge in forming his independent
                                    opinion based on the testimony of the witnesses.



                                                                                          (Vivek Kumar Singh,J.)
                                    September 28, 2026
                                    Nitendra




Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad