Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 49537 (ALL)

MENIKA DEVI v. STATE OF U.P.

BAIL/14028/2025 · 2025-05-12

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:78301 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14028 of 2025 Applicant :- Menika Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Sharma,Shivank Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shivank Pandey, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 246 of 2017, under Sections 306, 323 IPC, Police Station Bara, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is wife of the deceased and as per allegation due to her abetment her husband committed suicide but entire allegation leveled against the applicant is totally false. 4. He further submits, even during investigation arrest of the applicant was stayed. He further submits, some matrimonial dispute arose between applicant and her husband and thereafter deceased committed suicide. 5. He further submits, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 02.04.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant is the wife of the deceased and due to her abetment deceased committed suicide but it reflects, during investigation arrest of the applicant has been stayed by the Division Bench of this Court. 9. Further, considering the facts of the case, the argument advanced by learned counsel for the applicant with regard to alleged suicide committed by the deceased i.e. husband of the applicant, cannot be ruled out at this stage. 10. Further, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 02.04.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Menika 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 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. 14. 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. 15. 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