HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 46919 of 2024 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant and Sri Arimardan Yadav, learned AGA for the State respondent. The instant bail application has been filed seeking release of the applicant- Smt. Asha Devi, on bail in Case Crime No. 226 of 2024, under Sections 191 (2), 103 (2) of BNS, Police Station-Sonha, District Basti, during pendency of the trial. Learned counsel for the applicant submits that the accused applicant is innocent. She has been falsely implicated in the present case and is languishing in jail since 01.09.2024. First Information Report has been lodged on 31.08.2024, by the first informant, namely Shri Baburam, with the allegation that the applicant, namely Smt. Asha Devi, who is daughter in law of the first informant, at 11.00 p.m on 27.08.2024, had telephonically informed the daughter of the first informant namely Reena, who is residing in Delhi, that she has called her mother namely Amrita Devi, Brother- Durgesh and Ramesh, Karan and Sumit, from her maternal home, to teach a lesson and scare her husband namely Paltan. All of the accused persons severely beaten her husband Paltan and thereafter murdered him by throttling. In the post mortem report the cause of death has been mentioned as 'Asphyxia due to Ante Mortem Hanging'. Learned counsel for the applicant submits that only general role has been assigned to all the accused persons. No specific allegation has been levelled against the applicant. First Informant in his statement has repeated the version of the First Information Report. All the witnesses has assigned general role to the applicant. The Versus Counsel for Applicant(s) : Ravindra Prakash Srivastava Counsel for Opposite Party(s) : G.A. Smt. Asha Devi .....Applicant(s) State of U.P. .....Opposite Party(s) applicant has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned AGA has opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness, period of incarceration as well as mandate of the 1st Proviso of Section 480 (1) B.N.S.S. and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Smt. Asha Devi, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. September 18, 2025 Deepak/ BAIL No. 46919 of 2024 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad