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2025 DAILYLAW 102924 (ALL)

SMT. DEVI ALIAS BABY v. STATE OF U.P.

BAIL/33798/2025 · 2025-10-05

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33798 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ramesh Kumar, learned counsel for the applicant as well as Sri Sushil Kumar Shukla, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.43 of 2025, under Sections 109, 61(2) B.N.S., Police Station- Raya, District- Mathura, during the pendency of trial. 4. As per prosecution story, co-accused person is stated to have fired at the husband of the applicant twice. One of the shots hit him on his back and another went while touching his body. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence. The applicant has been implicated in this case only on the ground that she was having some indecent chats with the co-accused person, who is stated to have fired at her husband. 6. Learned counsel for the applicant has further stated that there is no evidence of complicity of the applicant in trying to get her husband murdered. There is no eye-witness account of applicant having hatched any conspiracy with co-accused person Sumit Chaudhary Jaat, as such, she is entitled for bail. Versus Counsel for Applicant(s) : Ramesh Kumar Counsel for Opposite Party(s) : G.A. Smt. Devi Alias Baby .....Applicant(s) State of U.P. .....Opposite Party(s) 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 23.2.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that there is no eye-witness account of applicant having hatched any conspiracy with co-accused person Sumit Chaudhary Jaat to commit murder of her husband, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Smt. Devi Alias Baby, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 6, 2025 Vikas Verma BAIL No. 33798 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad