Neutral Citation No. - 2025:AHC:4661 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 655 of 2025 Applicant :- Mala Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Garg,Yash Garg Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Yash Garg, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 414 of 2024, under Sections 105, 115(2), 125, 351(3), 352 of BNS, Police Station Rasulpur, District Firozabad, during pendency of the trial in the court below. 4. FIR of the present case was lodged on 25.11.2024 against the applicant and two others under section 110 BNS and according to the FIR applicant alongwith her daughter and husband made assault upon the brother of the informant through bricks and due to the assault made by them, his brother sustained injuries. 5. Learned counsel for the applicant submitted that initially FIR of the present case was lodged under section 110 BNS but after the death of the brother of the informant case has been converted under section 105 BNS. 6. He further submitted that applicant is lady and on the basis of false allegation, she has been made accused in the present matter. 7. He further submitted that only general and omnibus allegations have been levelled against the applicant and from perusal of the post mortem report it reflects that deceased sustained one injury on his head and due to that injury it appears he died and there is no evidence which can suggest that applicant was the author of this injury. 8. He further submitted that even considering the fact that deceased sustained only one injury on his head it appears, present case does not travel beyond section 105(2) BNS. 9. He further submitted that applicant is lady and she is having no criminal history and she is in jail in the present matter since 26.11.2024. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant alongwith her husband and daughter made assault upon the brother of the informant through bricks, due to which he sustained injury on his head and died but it reflects that only general and omnibus allegations have been levelled against the applicant and considering the post mortem report of the deceased, argument advanced by learned counsel for the applicant that the present case does not travel beyond section 105(2) BNS, cannot be ruled out, at this stage. 13. Further, applicant is lady and she is having no criminal history and she is in jail in the present matter since 26.11.2024. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Mala, 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 her 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. 17. 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. 18. 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 :- 9.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad