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2025 DAILYLAW 112155 (ALL)

KIRAN DEVI v. STATE OF U.P.

BAIL/46299/2024 · 2025-01-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10821 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46299 of 2024 Applicant :- Kiran Devi Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Bharti,Kamlesh Prasad,Shailendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamlesh Prasad, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.132 of 2024, under Section 306 IPC, Police Station- Charwa, District-Kaushambi, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 06.06.2024 against applicant and two others and according to the FIR father of the informant was having illicit relations with the applicant and due to which her mother committed suicide by throwing herself before the running train. 4. Learned counsel for the applicant submits that applicant is a lady and totally on the basis of false allegation she has been made accused the present matter. 5. He further submits that however, applicant was not having any illicit relationship with the husband of the deceased but even if husband of the deceased was having illicit relationship with her and due to this reason his wife committed suicide then also applicant cannot be held liable. 6. He further submits that there is no cogent evidence of abatement against the applicant. 7. He further submitted that applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 25.10.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments 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 as husband of the deceased was having illicit relationship with the applicant therefore, deceased committed suicide but considering the nature of allegation at this stage it cannot be said that due to abetement of the applicant she committed suicide 11. Further, applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 25.10.2024 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- Kiran 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 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 her 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 :- 22.1.2025/Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad