Allahabad High Court
ANJUversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
Anju was arrested in a murder case (Criminal No. 440 of 2023) under Sections 302 and 34 of the IPC for allegedly beating a cyclist with a lathi, leading to his death. The defence argued that the post‑mortem report showed only simple injuries that could not have caused death and suggested the victim died of an illness, thereby challenging the FIR narrative. The counsel also highlighted that the accused is a woman, has been in custody since 5 November 2025, and cited Section 480 of the CrPC, overcrowded prisons, and pending cases as reasons for bail. The State opposed bail but did not dispute the factual contentions. Relying on Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v State of U.P.) and the policy on bail, the court granted bail with a personal bond, two sureties, and specific conditions, without expressing an opinion on the merits of the murder charge.
Issues considered
- Whether bail should be granted to an accused in a murder case under Sections 302 and 34 IPC considering the nature of the offence and the evidence.
- Whether the post‑mortem report undermines the FIR allegations sufficiently to justify bail.
- Whether Section 480 of the CrPC and the fact that the accused is a woman warrant bail despite the seriousness of the charge.
- Whether jail overcrowding and pendency of cases justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 480
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC Section 302
- IPC Section 34
- post‑mortem report
- women accused
- CrPC Section 480
- jail overcrowding
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 43705 of 2025
Anju
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Kumar Tripathi, Rupesh
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rupesh Kumar Singh, learned counsel for the applicant, Sri
D.P.S. Chauhan, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.440 of 2023, under
Sections 302, 34 IPC, Police Station- Rudrapur, District Deoria.
3. Contention of learned counsel for the applicant is that in the FIR as
well as in the statement of first informant, allegations have been made
against the applicant and other co-accused persons that they stopped the
deceased while the deceased was riding a bicycle and started beating with
lathi and danda and fists as a result of which he succumbed to the injuries.
4. Learned counsel for the applicant submitted that as per the post mortem
report as well as statement of doctor, who conducted the post mortem, the
injuries found on the body of the deceased were simple in nature and
death cannot be caused by these injuries and injuries appear to be caused
3 to 4 days prior from the date of post mortem. Therefore, the post
mortem report itself disbelieves the story of first information report. It is
further submitted that the post mortem report as well as viscera report
does not disclose the cause of death. Actually the deceased died because
of illness and false allegation has been made against the applicant. It is
lastly submitted that the applicant is a lady and she is entitled to be
released on bail in view of Section 480 BNSS. She has explained the
BAIL No. 43705 of 2025
2
criminal history of one case and she is languishing in jail since
05.11.2025. In case, she is granted bail, she will not misuse the liberty of
bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State 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 the
applicant is lady and keeping in view the nature of offence, evidence,
complicity of accused and 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 as well as guideline of this Court in the case
of Maya Tiwari vs State of U.P. reported in 2024 SCC Online All 6765
regarding grant of bail 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 present application is allowed.
6. Let the applicant- Anju 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 her 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 him.
BAIL No. 43705 of 2025
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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.
9. Verification of mobile number as well as Aadhar Card of the applicant
and sureties should also be conducted by the court concerned.
10. It is made clear that the applicant shall be released on the basis of
downloaded copy of this order 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.
11. It is 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.
12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal within 24
hours 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.)
May 6, 2026
A.Kr.
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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