Neutral Citation No. - 2025:AHC:88157 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3875 of 2025 Applicant :- Rashmi Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Narendra Kumar, 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. 380 of 2024, under Section 105 BNS, Police Station Babina, District Jhansi, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant is mother of the deceased and as per allegation she by slitting her throat committed her murder but entire allegation levelled against the applicant is totally false. 4. He further submitted that even from the FIR and other material available on record, it reflects that applicant was not mentally fit and due to mental disturbance, she caused death of her child then, she cannot be held liable. 5. He further submitted that even as per counter affidavit filed by the State it reflects that applicant was mentally retarded and therefore, considering the mental state of the applicant and the fact that she is lady and she is in jail since 10.10.2024 i.e. for last six months, she should be released on bail. 6. Per contra, learned AGA, however, opposed the prayer for bail but could not dispute the fact that as per his instructions and statements of witnesses, applicant was mentally retarded. 7. He further submitted that even according to his instruction, applicant was not mentally fit and after the death of her husband, she remained under depression and very often she became violent. 8. I have heard learned counsel for the parties and perused the record of the case. 9. On previous date, a report was called from the doctor of the jail concerned which is on record and from its perusal, however, it reflects that according to jail doctor applicant was not suffering with mental illness but from the FIR and other material available on record, including the statement of the witnesses, it reflects that applicant was mentally unfit and according to the witnesses due to her mental condition, she committed the murder of her child. 10. Further, learned AGA also apprised the Court that as per his instructions, applicant after the death of her husband went under depression and she was not mentally fit and alongwith counter affidavit, he has also filed documents of her medical treatment which were being provided to her. 11. Therefore, considering the alleged medical condition of the applicant which has been admitted by the learned AGA and the fact that applicant is lady and in the present matter, she is in jail for last six month, 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-Rashmi Yadav, 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. 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 :- 23.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad