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2025 DAILYLAW 23218 (ALL)

VIDHYAWATI v. STATE OF U.P.

BAIL/6846/2025 · 2025-05-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72519 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6846 of 2025 Applicant :- Vidhyawati Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 526 of 2024, under Sections 85, 115(2), 108 BNS, Police Station- Ujhani, District- Budaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and on the basis of general allegation, she has been made accused in the present matter along with others including co-accused Bhure i.e. devar of the deceased and and after considering entire facts of the case in detail, co- accused Bhure has been released on bail today by this Court vide Criminal Misc. Bail Application No. 6771 of 2025 and on facts, case of applicant is at par with him. 4. He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 29.01.2025. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, applicant is mother-in-law of the deceased and as per allegation, due to torture and assault made by applicant and others deceased committed suicide but from the FIR, it reflects, principal accused of the case is husband of the deceased and bail application of devar of the deceased has been allowed by this Court. 8. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 29.01.2025. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Vidhyawati 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 his 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 him 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. 12. 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. 13. 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 :- 6.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad