Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 36486 (ALL)

LAXMI DEVI AND ANOTHER v. STATE OF U.P.

BAIL/11140/2025 · 2025-04-28

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:65798 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11140 of 2025 Applicant :- Laxmi Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Neha Rajput,Parmeshwar Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicants is taken on record. 2. Heard Sri Parmeshwar Kumar Chaudhary, learned counsel for the applicants and Sri Imran Khan, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail in Case Crime No.14 of 2025, under Sections 103(2), 238(A) and 3(5) BNS, Police Station Mugalsarai, District Chandauli during pendency of the trial. 4. Learned counsel for the applicants submits that FIR of the present case was lodged against the applicants and four others with regard to murder of the son of the informant but during investigation when it was revealed that actually deceased committed suicide then charge sheet was filed against the applicants and others under Sections 108 BNS. 5. He further submits that applicants are ladies and there is no cogent evidence of abetment against them. 6. He further submits that applicants are not having any previous criminal history and in the present matter they are in jail since 10.1.2025. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicants. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation made in the FIR applicants and others committed the murder of the son of the informant but it reflects that during investigation it was found that actually deceased committed suicide and, therefore, charge sheet was filed only under Section 108 BNS. 10. Further, applicants are ladies and it appears, there is no cogent evidence of abetment against them. 11. Further, applicants are not having any previous criminal history and in the present matter they are in jail since 10.1.2025. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicants-Laxmi Devi and Sangeeta 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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. 15. 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 applicants. 16. 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 :- 29.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad