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2025 DAILYLAW 45472 (ALL)

PREMA AND ANOTHER v. STATE OF U.P.

BAIL/13951/2025 · 2025-05-12

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77969 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13951 of 2025 Applicant :- Prema And Another Opposite Party :- State of U.P. Counsel for Applicant :- Neeja Srivastava,Pragya Singh,Rajan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Neeja Srivastava, learned counsel for the applicants and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 06 of 2025, under Sections 191(2), 115(2), 351(2), 352, 324(4), 333, 110, 105 B.N.S., Police Station Sikrara, District Jaunpur during pendency of the trial. 3. Learned counsel for the applicants submitted that on the basis of false allegation applicants have been made accused in the present matter along with five others. She next submits, applicants are ladies and there was no occasion for them to participate in the alleged incident. 4. She further submits, only general allegation has been leveled against the applicants and no weapon has been assigned to the them. 5. She further submits, however in the incident one person died and five persons sustained injuries but injuries sustained by the injured persons were not dangerous to life and from the post mortem report it reflects, deceased sustained two injuries on his head and he died due to head injuries as a result of Coma but there is no evidence that applicants were the authors of these injuries. 6. She further submits, applicants are not having any criminal history and in the present matter they are in jail since 16.01.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by 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 due to the assault made by the applicants and others five persons sustained injuries and one person died but it appears, applicants are ladies and only general allegations have been leveled against all the accused including applicants. 10. Further, post mortem report of the deceased suggests that he sustained two injuries on his parietal region and he died due to head injury as a result of Coma but there is no evidence that applicants were the authors of these injuries. Further, injury sustained by the other injured persons were not dangerous to life. 11. Further, considering the fact that applicants are ladies, the argument advanced by learned counsel for the applicants that there was absolutely no occasion for them to participate in the alleged incident, cannot be ruled out. 12. Further, applicants are not having any criminal history and in the present matter they are in jail since 16.01.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicants - Prema and Meera 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 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 him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 16. 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. 17. 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 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad