Neutral Citation No. - 2025:AHC:139012 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4995 of 2025 Appellant :- Smt. Asha Devi Respondent :- State of U.P. and Another Counsel for Appellant :- Danish,Rajiv Sisodia Counsel for Respondent :- G.A.,Rohit Kumar Singh,Surendra Kumar Sharma Hon'ble Shekhar Kumar Yadav,J. 1. Heard learned counsel for the appellant, learned counsel for the informant and learned AGA as well as perused the entire record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Smt. Asha Devi to set aside impugned order dated 25.4.2025 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act, Bijnor in Bail Application No. 2042 of 2025 and further to release the appellant on bail in Case Crime No. 113 of 2025 under Sections 61(2), 80(2), 85, 89, 115(2), 351(3), 352 Β.N.S., 3 (2)5 S.C.,/S.T. Act and 3/4 D.P. Act, Police Station Noorpur, District Bijnor. And/or 3. As per prosecution story, the appellant and her family members have poisoned the deceased/ daughter of the informed. 4. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. The appellant is mother-in-law of the deceased aged about 60 years. The appellant has not committed any cruelty to the deceased. The appellant has never demanded any dowry. There is no specific role has been assigned to the appellant. As per postmortem report, no mark of any injury was seen all over the body and cause of death could not be ascertained and viscera was preserved. He submits that the deceased committed suicide by consuming poisonous substance due to matrimonial dispute. Appellant is languishing in jail since 1.4.2025 having no previous criminal history. He further submits that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 5. On the other hand, learned A.G.A. has opposed the prayer for bail. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 9. Let the appellant- Smt. Asha Devi, involved in aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant 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. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 14.8.2025 // Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad