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Neutral Citation No. - 2025:AHC:114271 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10463 of 2025 Applicant :- Savita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Pandey,Manish Kumar Pandey Counsel for Opposite Party :- G.A.,Sheshmani Vishwakarma Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Krishna Kumar Pandey, learned counsel for the applicant, Sri Sheshmani Vishwakarma, learned counsel for the informant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 192 of 2024, under Sections 115(2), 352, 110 B.N.S., Police Station- Aurai, District- Bhadohi, during the pendency of the trial.
3. It is contended by learned counsel for the applicant that as per the allegation in the F.I.R. and also as per the statement of injured, in a quarrel, the applicant in the spur of moment, hit the injured on the head with stone. It is further submitted that there was no premeditated intention and aforesaid injury was caused in spur of moment during brawl and there was no allegation that applicant struck repeated blows on the head of the injured. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. It is also submitted that the applicant is a lady and her minor child is also living with her in jail and she has no criminal antecedents to her credit. She is languishing in jail since 18.02.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned counsel for the informant and learned A.G.A. have opposed the prayer for bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, fact that applicant is a lady and her minor child who is dependent on her, is also living with her in jail and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Savita Devi involved in the aforementioned crime be released on bail, on her 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 14.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad