SHRIMATI DEVIversusSTATE OF U.P.

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 43390 of 2025

Shrimati Devi
                                                                .....Applicant(s)
                                     Versus

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

Counsel for Applicant(s)             :   Janardan Yadav, Manikant Yadav
Counsel for Opposite Party(s)        :   Shiva Kant Srivastava, G.A.

Court No. - 69
           HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Janardan Yadav, learned counsel for the applicant, Sri Shiva
Kant Srivastava, learned counsel for the first informant, Sri Roshan Kumar
Singh, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.310 of 2025, under
Sections 3(5), 109, 110, 115(2), 131, 333, 352 B.N.S., Police Station
Gambhirpur, District Azamgarh.

3. Contention of learned counsel for the applicant is that the applicant is an
innocent person and she has been falsely implicated in the present case. He
further submitted that in the FIR as well as in the statement of the injured
and the first informant, only general allegation has been made against the
applicant. He further submitted that no weapon has been assigned to the
applicant. Only allegation of beating to the first informant has been made
against the applicant. He further submitted that the applicant has been falsely
implicated in the present case due to ulterior motive. Applicant has nothing
to do with the present case. It is further submitted that the applicant is a lady.
Applicant has no criminal history. The applicant is in jail since 30.10.2025.
He further submitted that charge sheet has been filed by the police, therefore,
there is no requirement for custodial interrogation. In case the applicant is
released on bail, she will not misuse the liberty of bail and would cooperate
in the trial proceedings.

4. Per contra, learned A.G.A. as well as learned counsel for the first
                                                         BAIL No. 43390 of 2025
                                2


informant has vehemently opposed the prayer for bail but could not dispute
the aforesaid facts.

5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and taking into account the fact that applicant
is a lady and also keeping in view the nature of offence, evidence,
complicity of the accused and also taking into account overcrowded jails and
heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs. Central Bureau of Investigation reported in 2025
SCC OnLine SC 3038 and without expressing any opinion on the merits of
the case, I am of the opinion that the applicant is entitled to be enlarged on
bail. Accordingly, the bail application is allowed.

6. Let the applicant - Shrimati Devi involved in the aforementioned crime
be released on bail, on her furnishing a personal bond and two sureties each
in the like amount, to the satisfaction of the court concerned, with the
following conditions:-

i. The applicant shall not directly or indirectly make any 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 to any police officer
or tamper with the evidence.

ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond
executed by her.

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

8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
                                                                                                BAIL No. 43390 of 2025
                                                                      3


                                    9. It is made clear that the applicant shall be released on the basis of
                                    computer generated copy of this order, downloaded from the official website
                                    of High Court Allahabad and verified by the concerned counsel with the
                                    undertaking that the certified copy will be filed within 15 days.

                                    10. It is further directed that the trial court shall send the release order to the
                                    concerned jail through Bail Order Management System (BOMS) to ensure
                                    early release of the applicant.

                                    11. Office is directed to send a copy of this order to the applicant through
                                    concerned Jail Superintendent via e-mail or e-prison portal in compliance of
                                    the order of the Apex Court in the case of Policy Strategy for Grant of
                                    Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
                                    31.01.2023 reported in (2024) 10 SCC 685.



                                                                                 (Arun Kumar Singh Deshwal,J.)
                                    March 18, 2026
                                    CS/-




Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad