Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77515 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6559 of 2025 Applicant :- Phuljhari Devi Opposite Party :- State of U.P. Counsel for Applicant :- Udai Shankar Chauhan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Udai Shankar Chauhan, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State.
2. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.175 of 2024, under Sections 191(2), 191(3), 115(2), 352 and 105 BNS, Police Station Dullahpur, District Ghazipur during pendency of the trial.
3. Learned counsel for the applicant submits that on the basis of general and omnibus allegation applicant has been roped in the present case along with co-accused Neeraj Chauhan and after considering entire facts in detail co-accused Neeraj Chauhan has been released on bail by this Court vide order dated 1.4.2025 passed in Criminal Misc.Bail Application No. 2671 of 2025 and on
facts case of applicant is exactly at par with him.
4. He further submits that even from the post mortem report of the deceased it reflects that he died due to myocardial infraction.
5. He further submits that applicant is not having any previous criminal history and in the present matter she is in jail since 2.11.2024 i.e., for the last more than six months.
6. Per contra, learned AGA although opposed the prayer for bail
but could not dispute the argument on facts advanced by the
learned counsel for the applicant.
7. I have heard learned counsel for the parties and perused the record of the case.
8. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Neeraj Chauhan has already been released on bail by this Court and applicant is not having any previous criminal history and in the present matter she is in jail since 2.11.2024, i.e., for the last more than six months, in my view, applicant is entitled to be released on bail.
9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
10. Let the applicant-Phuljhari Devi 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 her 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 her 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.
11. 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.
12. 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 :- 13.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad