Neutral Citation No. - 2025:AHC:28335 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3467 of 2025 Applicant :- Anita Alias Sunita Alias Sunila Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.,Prashant Shukla Hon'ble Sameer Jain,J. 1. Heard Sri Anurag Dubey, learned counsel for the applicant, Sri Prashant Shukla, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 726 of 2024, under Sections 103(1), 109(1), 351(3), 352 B.N.S., Police Station Kotwali, District Mainpuri during pendency of the trial. 3. FIR of the present case was lodged on 03.11.2024 against applicant and her husband and son and according to the FIR on 03.11.2024 at about 10:00 AM in the morning dispute arose between son of the informant and husband of the applicant and thereafter on the call of her husband, applicant handed over his rifle to him and made exhortation and thereafter her son and husband started making indiscriminate firing and due to the fire made by husband of the applicant through rifle, brother of the informant sustained injuries on his chest. It is further mentioned in the FIR that when tenant of the informant, informant and Anil Kumar tried to caught the husband and son of the applicant then applicant caused injuries to them through wooden stick. It is further mentioned in the FIR that after the incident brother of the informant has taken to the hospital where he has been declared dead. 4. Learned counsel for the applicant submits, applicant is wife of co-accused Shishupal and mother of co-accused Love and only due to this reason she has been made accused in the present matter. 5. He further submits, there was no occasion for the applicant to participate in the incident. He further submits, there is no allegation that applicant caused any injury to the deceased. 6. He further submits, as per allegation, applicant handed over rifle to her husband but entire allegation leveled against the applicant is totally false and it appears, only to implicate her in the present matter a false story has been cooked up against the applicant. 7. He further submits, however, as per allegation applicant through wooden stick also caused injuries to the informant and others but from their injury report, it reflects, they sustained simple injuries. 8. He further submits, applicant is lady and she is not having any criminal history and in the present matter she is in jail since 04.11.2024. 9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted applicant not only made exhortation but she also handed over rifle to her husband i.e. co-accused Shishupal and thereafter Shishupal caused injuries to the deceased. 10. They further submitted, applicant also caused injuries through wooden stick to other injured persons, therefore, it cannot be said that applicant is innocent and she did not participate in the present crime but they fairly conceded both injured sustained minor injuries and there is no allegation that applicant caused any injury to the deceased. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, it reflects, as per allegation, applicant made exhortation and she also caused injuries through wooden stick to two injured persons and she also handed over rifle to the principal accused Shishupal, who was her husband and after that he caused rifle injuries to the deceased but considering the fact that applicant is the wife of co-accused Shishupal and mother of co-accused Love, the argument advanced by learned counsel for the applicant that only due to this reason she has been made accused in the present matter, cannot be ruled out at this stage. Further, there is no allegation that applicant caused any injury to deceased. 13. Further, injuries sustained by both the injured are simple in nature. Further, applicant is lady and she is not having any criminal history and in the present matter he is in jail since 04.11.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Anita @ Sunita @ Sunila 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. 17. 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. 18. 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 :- 28.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad