SITAWA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/10798/2025 · 2025-11-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188597 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188597 (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. - 10798 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.241/2025, under Sections 191(2), 115(2), 352, 351(2), 109(1) B.N.S, registered at Police Station- Mailani, District- Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.06.2025 against six persons including the applicant and her family members stating that because of an old animosity, all the accused persons had beaten up the complainant's wife and when his daughter had tried to save her, she was also assaulted. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, she has been falsely implicated in the present case and she has no previous criminal antecedent. It has further been stated that the complainant's daughter has suffered a fracture in her frontal bone, injures suffered by his wife are simple in nature. It has been stated that a cross FIR was also lodged by the co-accused regarding the alleged incident against the accused persons. 5. Learned counsel for the applicant has submitted that co-accused Janki Prasad has been granted bail by means of an order dated 26.09.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 9443 of 2025 (a copy whereof has been annexed as Annexure No. 11 to the bail application). 6. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Sitawa .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
investigation in the present case is still going on.
7 Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a lady; the fact that three persons from the applicant's side have also suffered injuries in the alleged incident; that co-accused Janki Prasad has already been granted bail in the present case, coupled with the fact that the applicant has no criminal history and she is languishing in jail since 18.09.2025, I am of the view that the applicant is also entitled to be released on bail on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Sitawa be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . (Karunesh Singh Pawar,J.) November 11, 2025 DiVYa BAIL No. 10798 of 2025 2 Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench