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2025 DAILYLAW 18337 (ALL)

VINDU DEVI ALIAS VINDU v. STATE OF U.P.

BAIL/5493/2025 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110544 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5493 of 2025 Applicant :- Vindu Devi Alias Vindu Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Kumar,Rahul Mishra Counsel for Opposite Party :- G.A.,Om Prakash Singh,Ram Chandra Solanki Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rahul Mishra, learned counsel for the applicant and Sri Ram Chandra Solanki, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 667 of 2024, under Sections 80(2), 85 of BNS and Section 3/4 of D.P. Act, Police Station Bansgaon, District Gorakhpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The applicant is the mother-in-law of the deceased person and she lives separately to the husband-wife duo. There are general and omnibus allegations against all the accused persons. The cause of death has been found to be asphyxia as a result of ante mortem hanging. 5. There is no criminal history of the applicant. The applicant is languishing in jail since 27.10.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 6. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that there are general and omnibus allegations against all the accused persons coupled by the fact that the applicant lives separately to the husband-wife duo, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Vindu Devi Alias Vindu, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 10.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad