Neutral Citation No. - 2025:AHC:2987 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41580 of 2024 Applicant :- Smt Anita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ram Pravesh Yadav,Shashank Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shashank Kumar, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 212 of 2024, under Sections 115(2), 352, 105 BNS, Police Station- Khuthan, District- Jaunpur, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 22.07.2024 against applicant and three others and according to FIR, due to property dispute, applicant, the bhabhi of the informant, along with others made assault upon the informant and others through wooden sticks, kick and fist and due to assault made by them, they sustained injuries including father of the informant and due to injury, during treatment on 22.07.2022 father of the informant died. 4. Learned counsel for the applicant submitted that applicant is the bhabhi of the informant and deceased was her father-in-law and on the basis of false allegation, she has been made accused in the present matter along with her other family members and actually she never participated in the alleged incident. 5. He further submitted that actually due to property dispute, fight took place between both the sides and in the incident from the side of applicant also three persons sustained injuries including applicant herself but unfortunately after seven days father-in-law of the applicant died and thereafter FIR of the present case was lodged. 6. He further submitted that applicant is lady and there is no specific allegation against her and on the basis of general allegation, she has been made accused in the present matter. 7. He further submitted that applicant is not having any criminal history and in the present matterin the present matter, she is in jail since 23.07.2024. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant and others made assault and due to assault made by them three persons sustained injuries and one person died and deceased was the father-in-law of the applicant but record also suggests that from the side of applicant also three persons including applicant herself sustained injury. Further, applicant is the real bhabhi of the informant and considering this fact, the argument advanced by learned counsel for the applicant that due to property dispute quarrel took place between both the sides and in the incident, deceased sustained injuries and died, cannot be completely ruled out at this stage. 11. Further, applicant is lady and there is no specific allegation against her and she is not having any criminal history and in the present matter, she is in jail since 23.07.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Smt Anita Devi 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 the court concerned with the following conditions:- (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. 15. 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. 16. 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. Order Date :- 7.1.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad