Neutral Citation No. - 2025:AHC:86563 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37891 of 2024 Applicant :- Gudiya Nat Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Singh,P.K. Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri P. K. Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned A.G.A. for the State-respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.87 of 2024, under Section 304 I.P.C., Police Station Shankargarh, District Prayagraj, during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is mother of the deceased and as per allegation, due to the assault made by applicant, deceased, who was hardly four years old, died but entire allegation levelled against applicant is totally false. 4. He further submits that even there is no eye-witness account. 5. He further submits that actually accidentally deceased sustained injuries while he was playing and died and this fact is also reflected from the post-mortem as from the post-mortem, it could not be reflected that applicant was having any intention to cause death of the deceased. 6. He further submits that applicant is a lady and she is having no criminal history and she is in jail in the present matter since 17.06.2024 i.e. for last almost a year. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. However, applicant is mother of the deceased and as per allegation, due to the assault made by the applicant, deceased died, who was hardly four years old but considering the post-mortem report of the deceased, the argument advanced by learned counsel for the applicant at this stage cannot be ruled out. 10. Further, applicant is a lady and she is having no criminal history and she is in jail in the present matter since 17.06.2024 i.e. for last almost a year. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Gudiya Nat 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 her 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. 14. 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. 15. 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 :- 21.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad