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2025 DAILYLAW 28989 (ALL)

SMT. SUNHARI DEVI v. STATE OF U.P.

BAIL/8847/2025 · 2025-05-12

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78293 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8847 of 2025 Applicant :- Smt. Sunhari Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Soni,Shubham Pal Counsel for Opposite Party :- G.A.,Rudra Pratap Pandey Hon'ble Sameer Jain,J. 1. Heard Sri Ashwani Kumar Soni, learned counsel for the applicant, Sri Rudra Pratap Pandey, learned counsel for the informant and Sri Imran Khan, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No. 366 of 2024, under Sections 85, 103(1) and 61(2) BNS, Police Station Sirsaganj, District Firozabad during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is the mother-in-law of the deceased and on the basis of false allegation she has been made accused in the present matter along with her other family members including her husband Vedpal Singh, i.e., father-in-law of the deceased and after considering entire facts in detail co-accused Vedpal Singh has been released on bail by this Court vide order dated 10.4.2025 passed in Criminal Misc.Bail Application No. 2075 of 2025 and on facts case of applicant is at par with him. 4. He further submits that applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 06.9.2024, i.e., for the last more than eight months. 5. Per contra, learned AGA as well as learned counsel for the informant 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. Considering the argument advanced by the learned counsel for the applicant and the fact that applicant is the mother-in-law of the deceased and the father-in-law of the deceased has already been released on bail by this Court and there is no specific allegation against the applicant and she is lady and she is not having any previous criminal history and she is in jail since 06.9.2024, i.e. for last more than eight months, in my view applicant is entitled to be released on bail. 8. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Smt. Sunhari 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. 10. 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. 11. 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