Neutral Citation No. - 2025:AHC:49949 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8678 of 2025 Applicant :- Maya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Krishna Mani Gupta,, learned counsel for the applicant and Dr. S. B. Maurya, learned A.G.A.-I for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.180 of 2024, under Sections 191(2), 191(3), 190, 109, 115, 352, 351(2), 103(1) B.N.S., 2023, Police Station Kaundhiyara, District Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that on the basis of general and omnibus allegations, applicant has been made accused in the present matter alongwith six named and four unknown persons. 4. He further submits that even in the statements recorded during investigation no specific role has been assigned to the applicant. 5. He further submits that applicant is lady and there was absolutely no occasion for her to participate in the alleged incident. 6. He further submits that however, apart from the present case, applicant is having criminal history of one another case but her criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and she is in jail in the present matter since 15.10.2024 i.e. for last almost five months. 7. Per contra, learned AGA opposed the prayer for bail and submits that it is a case, in which four persons sustained injuries and one person died but could not dispute the fact that applicant is lady and only general and omnibus allegations have been made against all the accused and she is in jail in the present matter since 15.10.2024 i.e. for last almost five months. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, as per allegation, applicant and others made assault due to which, four persons sustained injuries and one person died but it reflects, applicant is lady and she has been made accused on the basis of general and omnibus allegations alongwith as many as ten others. 10. Further, however, apart from the present case, applicant is having criminal history of one another case but her criminal history has been explained in the supplementary affidavit filed in support of the instant bail application and she is in jail in the present matter since 15.10.2024 i.e. for last almost five months. 11. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his/her bail application should not be dismissed for punitive purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Maya 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 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. 15. 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. 16. 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 :- 7.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad