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Neutral Citation No. - 2025:AHC:35978 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42078 of 2024 Applicant :- Urmila Opposite Party :- State of U.P. Counsel for Applicant :- Abhijit Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri R.P.S. Yadav, learned Advocate holding brief of Sri Abhijit Mishra, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 349 of 2024, under Section 103(1) BNS, Police Station- Bhogaon, District- Mainpuri, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is however, mother-in-law of the deceased but on the basis of false allegation, she has been made accused in the present matter. 4. He further submitted that even only role of exhortation has been assigned to the applicant and as per allegation, on the exhortation of the applicant, co-accused Prashant, devar of the deceased, caused fire-arm injury to her. 5. He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 12.08.2024 i.e. for last more than seven months. 6. 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. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the fact that however, applicant is mother-in-law of the deceased but only role of exhortation has been assigned to her and role of causing fire-arm injury to the deceased has been
assigned to devar of the deceased and applicant is lady and she is not having any criminal history and she is in jail in the present matter for last more than seven months, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10.
Let the applicant- Urmila 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. 11. 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. 12. 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 :- 11.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad