NEHA v. STATE OF U.P. THRU. PRIN. SECY. HOOME LKO.
BAIL/10832/2025 · 2025-11-13
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 180208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180208 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10832 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 143 of 2024, under sections 103(1), 61(2) BNS, P.S. Sujauli, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 18.10.2024 at about 7 the son of the informant aged about 48 years had gone out to smoke and during that period the younger daughter in law also went out of her home and was seen going towards different direction and subsequently it was seen that the son of the informant was lying in bad conditions and some people were seen running on a motorcycle. Apprehension was expressed that the applicant who is daughter in law has committed the murder of her own husband with the help of some other person because of family dispute. Cause of death as per post mortem report is ante mortem head injuries and 5 injuries were seen on the head of the deceased. In the light of the said allegations learned counsel for the applicant argues that the applicant was pregnant at the time of incident and could not have committed the offence. It is further argued that there are no eye witness to the incident and the applicant is being linked only on the basis of apprehension. It is further stated that the applicant has delivered a boy on 30.12.2024 who is still living with the applicant. Applicant is a lady and is living with a child who is now around 1 years of age. There is nothing on record to Versus Counsel for Applicant(s) : Ashok Kumar Shukla Counsel for Opposite Party(s) : G.A. Neha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Hoome Lko. .....Opposite Party(s)
demonstrate that the applicant, if enlarged on bail, can adversely affect the trial. 4. Learned AGA has opposed the bail application. 5. Considering the nature of allegations and the fact that apart from apprehension expressed, the material to implicate and link the applicant with the offence in question is missing, however, without commenting upon the merits of the case, the applicant who is in jail since 22.10.2024 and has no criminal history is entitled to be enlarged on bail.
In view thereof, the application is allowed. 6. Let the applicant Neha be released on bail in aforesaid FIR number on her furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. November 13, 2025 J. K. Dinkar BAIL No. 10832 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench