Neutral Citation No. - 2025:AHC:49730 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11247 of 2025 Applicant :- Smt. Guddi Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Deepak Singh, Advocate filed his power on behalf of the informant, which is taken on record. 2. Heard Sri Phool Singh Yadav, learned counsel for the applicant; Sri Deepak Singh, learned counsel for the informant and Sri Shaghan Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 277 of 2024, under Sections 191(2), 191(3), 352, 332-A, 351(3), 103(1), 109(1) BNS, Police Station Mangalpur, District Kanpur Dehat, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 2.11.2024 against the applicant and five others and according to the FIR on 31.10.2024 at about 6 pm in the evening applicant and other accused persons after entering in the house of the informant made assault and due to their assault his parents and two brothers sustained injuries. 5. It is further mentioned in the FIR that accused persons also threw acid upon his mother. It is further mentioned in the FIR that on 1.11.2024 due to the injuries sustained his father died. 6. Learned counsel for the applicant submitted that however, applicant is named in the FIR but on the basis of false allegations, she has been made accused in the present matter alongwith others. 7. He further submitted that when the statement of injured persons were recorded during investigation then they assigned the specific role of causing head injury to co-accused Shyamu@Bheem and from the post mortem report, it reflects that deceased died due to head injury, therefore, it reflects that due to the injury caused by Shyamu@Bheem deceased died. 8. He further submitted that neither in the FIR nor in the statements of witnesses any specific role has been attributed to the applicant. 9. He further submitted that applicant is lady and she is having no criminal history and she is in jail in the present matter since 2.11.2024. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, in the FIR only general role has been assigned to all the accused including applicant but when the statements of the witnesses were recorded during investigation including injured witnesses then they specifically stated that co-accused Shyamu@Bheem caused head injury to the deceased and post mortem report also suggests that deceased died due to head injury. Considering this fact the argument advanced by learned counsel for the applicant that deceased died due to injury caused by co- accused Shyamu@Bheem cannot be ruled out at this stage. 13. Further, applicant is lady and neither in the FIR nor in the statements of the witnesses any specific role has been assigned to her. 14. Further applicant is having no criminal history and she is in jail in the present matter since 2.11.2024. 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- Smt. Guddi, 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. 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 :- 7.4.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad