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2025 DAILYLAW 30492 (ALL)

SMT JYOTI v. STATE OF U.P.

BAIL/9745/2025 · 2025-03-23

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43275 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9745 of 2025 Applicant :- Smt Jyoti Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Prashant Sharma, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 07 of 2025, under Section 105 BNS, Police Station- Naugawan Sadat, District- Amroha, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is devarani of the deceased and on the basis of false allegation, she has been made accused in the present matter. He further submitted that even from the FIR, it could not be reflected that she caused any injury to the deceased. He further submitted that from the post-mortem report of the deceased, it reflects she did not sustain any external injury and she died due to cardiac arrest. 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 09.01.2025. 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, as per allegation, applicant, who is devarani of the deceased, along with her husband caused her death but from the port-mortem report, it reflects that deceased did not sustain any injury and she died due to cardiac arrest. 8. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 09.01.2025. 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- Smt Jyoti 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 :- 24.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad