Allahabad High Court
POONAM DEVIversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The bail application is allowed and the accused is released on bail subject to conditions.
Summary
The High Court considered a bail application filed by Poonam Devi, who was in custody for offences under Sections 319(2), 318(4), 338, 336(3) and 340(2) of the Indian Penal Code. The applicant contended that she was falsely implicated, that the dispute was essentially civil, and that she had no role in the alleged offences. The opposing A.G.A. opposed bail but did not dispute the applicant's contentions. After reviewing the record and the nature of the allegations, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered her release on personal bond and two sureties, subject to conditions of appearance, non‑tampering, and non‑engagement in criminal activity. The Court also clarified that its observations were limited to the bail application and would not affect the trial's merits.
Issues considered
- Whether bail should be granted to the accused in a case involving IPC sections 319(2), 318(4), 338, 336(3) and 340(2) where the accused claims innocence and that the matter is essentially civil.
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- civil dispute
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34757 of 2026
Poonam Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Mishra, Vinay Kumar
Mishra
Counsel for Opposite Party(s) : G.A., Ramesh Chandra Dwivedi
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned counsel for the
opposite party, learned A.G.A. and perused the record.
2. The applicant is involved in Case Crime No. 128 of 2025 under
Sections -319(2), 318(4), 338, 336(3), 340(2) BNS Police Station -
Salempur District Deoria.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is next
submitted that the dispute is purely of civil nature but it has been given a
criminal colour. The civil suit, which is filed by the informant is pending
before the competent court. It is further submitted that applicant is
daughter-in-law of first informant. It is also submitted that applicant is
having no concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. The applicant is in jail
since 23.08.2026. Therefore, the applicant is entitled for bail. Learned
counsel for the applicant has further submitted that if the applicant is
released on bail, the applicant would not misuse liberty of bail and is
ready to co-operate in the trial.
4. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
5. Considering the facts and circumstances of the case, perusing the
BAIL No. 34757 of 2026
2
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant -Poonam Devi be released on bail in the aforesaid case
crime number on furnishing a personal bond and two reliable sureties of
the like amount to the satisfaction of the court concerned subject to
following conditions, which are being imposed in the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 30, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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