Neutral Citation No. - 2025:AHC:32049 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7879 of 2025 Applicant :- Pushpa Devi Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ashutosh Kumar Mishra , learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA, 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 Sessions Trial No. 241 of 2023, Case Crime No. 101 of 2022, under Sections 147,148,149,323,504,506,452,307 and 302 IPC, Police Station Rampur Karkhana, District Deoria during pendency of the trial. 3. FIR of the present case was lodged on 11.4.2022 against the applicant and ten others and according to the FIR, due to previous dispute on 9.4.2022 at about 4.00 PM applicant and others made assault through iron rod, wooden sticks, knife and 'farsa' and due to assault made by them father of the informant and three others sustained injuries. 4. Learned counsel for the applicant submits that applicant is a lady and on the basis of false allegation she has been made accused in the present matter along with others on the basis of general and omnibus allegations. 5. He further submits that applicant is the close relative of the male nominated co-accused persons, therefore, she has been made accused in the present matter along with them and she never participated in the alleged incident. 6. It is next submitted that along with the applicant co-accused Sunil Pathak and Abhishek Pathak were also made accused but they have been released on bail by Coordinate Bench of this Court vide orders dated 22.2.2023 and 19.11.2024 passed in Criminal Misc.Bail Application Nos.4529 of 2023 and 1673 of 2023 respectively and as applicant is a lady, therefore, her case is even on better footing than them. 7. He further submits that applicant is not having any previous criminal history and in the present matter she is in jail since 30.11.2022, i.e., for the last more than two years. 8. Per contra, learned AGA opposed the prayer for bail and submits that apart from the present case applicant is also having criminal history of a case relates to Section 307 IPC which is of the year 2011. However, he could not dispute the other arguments on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it reflects that applicant is named in the FIR along with ten others but only general and omnibus allegations have been levelled against all of them and considering the nature of allegation and number of accused made in the FIR prima facie it appears to be a case of over implication. 11. Further, along with the applicant co-accused Sunil Pathak and Abhishek Pathak were also made accused with similar allegations and they have already been released on bail by Coordinate Bench of this Court. 12. Further, however, apart from the present case applicant is also having criminal history of a case relates to Section 307 IPC but that case is of the year 2011. 13. Further, law is settled that if otherwise case of bail is made out then merely on the basis of criminal antecedent bail application of an accused should not be withheld. 14. Further, applicant is a lady and in the present matter she is in jail since 30.11.2022, i.e., for the last more than two years. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Pushpa 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. 18. 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. 19. 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 :- 6.3.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad