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2025 DAILYLAW 50274 (ALL)

LALSA DEVI v. STATE OF U.P.

BAIL/14746/2025 · 2025-05-08

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75631 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14746 of 2025 Applicant :- Lalsa Devi Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Bhushan Kunwar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Shashi Bhushan Kunwar, learned counsel for the applicant, Sri Prashant Singh, learned counsel for the informant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 36 of 2025, under Sections 103(1), 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 333, 3(5), 61(2) B.N.S., Police Station Sikanderpur, District Ballia during pendency of the trial. 3. Learned counsel for the applicant submits, however, it is a case in which two persons died and six persons sustained injuries but applicant was not named in the FIR and during investigation when the statement of one injured Ranjana Yadav was recorded then she very casually stated that she heard that applicant was saying to other accused persons for elimination of deceased persons. 4. He further submits, thereafter when the statement of other injured persons were recorded then they started saying that applicant was present at spot and she was making exhortation. He further submits, there is no allegation that applicant caused any injury either to the deceased or any injured persons. 5. He further submits, applicant is not having any criminal history and she is lady and in the present matter she is in jail since 10.02.2025. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that it is a case in which two persons died and six persons sustained injuries and applicant hatched the conspiracy but they could not dispute the fact that there is no allegation that applicant caused any injury either to the deceased or injured person. They further could not dispute the fact that applicant is a lady and she is not having any criminal history. 7. I have heard learned counsel for the parties and perused the record of the case. 8. From the record, it reflects, it is a case in which two persons died and six persons sustained injuries but applicant was not named in the FIR and during investigation she has been made accused in the present matter and as per allegation she hatched the conspiracy but it reflects, there is no cogent evidence of conspiracy against her on record. 9. Further, however, from the statements of injured persons it reflects, they also attributed the role of exhortation to the applicant but admittedly there is no allegation that applicant caused any injury either to the deceased or injured person. 10. Further, applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 10.02.2025. 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 - Lalsa 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 :- 9.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad