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2025 DAILYLAW 199902 (ALL)

MAMTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/1036/2025 · 2025-10-08

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1036 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and Shri Pal Singh Yadav, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.166 of 2024, under Sections 103(1), 115(2) and 351(3) B.N.S., P.S. Maanpur, District Sitapur. 3. That the FIR in question was lodged on 8.7.2024 when the informant was going alongwith father and younger sister to Sitapur, the elder brother of the informant as well as the applicant who is the sister in law came armed with lathi, danda and farsa and started hitting the informant as well as his father. It was stated that the applicant has caused the first injury by use of farsa on the neck of the father of the informant and thereafter the brother of the informant and the co-accused herein caused several injuries on the father which resulted in his death. 4. Prima facie the dispute is with regard to division of property between the parties. Learned counsel for the applicant argues that the cause of death was a subsequent blow administered by the co-accused. It is argued that the applicant is a lady and is in custody since 9.7.2024 having two children and has no criminal antecedents. 5. Learned counsel for the informant opposes the bail application Versus Counsel for Applicant(s) : Kaushal Kishore Tewari, Amol Kumar Srivastava, Javed Ahmad Siddique Counsel for Opposite Party(s) : G.A., Ashish Kumar Singh, Pal Singh Yadav, Prathama Singh Mamta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) contending that threats are being issued at the instance of the applicant. 6. Considering the material on record and the fact that the applicant is in jail since 9.7.2024 having no criminal antecedents, however, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Mamta be released on bail in aforesaid FIR number on his 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. October 8, 2025 J. K. Dinkar BAIL No. 1036 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench