Neutral Citation No. - 2025:AHC:36669 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8672 of 2025 Applicant :- Sonmati Devi Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Manvendara Narain Pathak, learned counsel for the applicant and Shri Imran Khan, learned A.G.A. for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.316 of 2024, under Sections 191(2), 115(2), 103(1), 351(3), 352 B.N.S., Police Station Barhaj, District Deoria, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 12.11.2024 against applicant and six others and according to the FIR, on 11.11.2024 at about 6 p.m. in the evening, applicant and others, who were collaterals of the informant, made assault upon her father and due to the assault made by them, he sustained injuries and died. It is further mentioned in the FIR that in the incident two others also sustained injuries. 4. Learned counsel for the applicant submits that on the basis of general and omnibus allegations, applicant, who is lady, has been made accused in the present matter alongwith six others and actually she never participated in the alleged incident. 5. He further submits that being lady, there was absolutely no occasion for her to participate in the alleged commission of crime. 6. He further submits that however, as per allegation, as many as seven persons made assault through wooden sticks but deceased sustained only three injuries and out of three, two injuries were on his head and this fact again suggests that actually it is a case of over implication. 7. He further submits that even there is no evidence on record, which can suggests that applicant caused head injury to the deceased. 8. He further submits that applicant is a lady, she is having no criminal history and she is in jail in the present matter since 13.11.2024. 9. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, as per allegation, applicant alongwith six others made assault and due to the assault made by them, two persons sustained injuries and one person lost his life but it reflects, applicant is lady and only general and omnibus allegations have been made against all the accused. 12. Further, post-mortem report suggests that deceased sustained three injuries, out of which, two injuries were on his head and there is no evidence that applicant caused head injury to the deceased. Considering the nature of allegation, number of accused persons and the fact that applicant is lady, the submission advanced by learned counsel for the applicant that prima-facie, it appears to be a case of over implication, cannot be ruled out at this stage. 13. Further, applicant is having no criminal history and she is in jail in the present matter since 13.11.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Sonmati 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. 17. 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. 18. 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 :- 12.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad