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2025 DAILYLAW 59440 (ALL)

SMT. SANGEETA ALIAS BHURI DEVI v. STATE OF U.P.

BAIL/16803/2025 · 2025-05-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87706 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16803 of 2025 Applicant :- Smt. Sangeeta Alias Bhuri Devi Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Yogesh Kumar Srivastava, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 159 of 2007, under Sections 302, 328 IPC, Police Station Khairgarh, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, as per allegation applicant who was wife of the deceased committed his murder alongwith her family members but except bald and verbal allegations, there is no cogent evidence in this regard on record and during investigation, involvement of the applicant and other accused persons were found false and no charge sheet was filed against them but on the basis of protest petition applicant and other accused persons have been summoned. 4. He further submitted that however, applicant was summoned in the year 2008 but applicant and other accused were not absconder as summons could not be served upon them. 5. He further submitted that after considering entire facts in detail even parents of the applicant have been released on bail by this Court vide order dated 6.5.2025 passed in Crl. Misc. Bail Application No. 12616 of 2025. 6. He further submitted that applicant is lady and she is having no criminal history and she is in jail in the present matter since 21.4.2025. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, the present matter is of the year 2008 and applicant is in jail since 21.4.2025 but considering the bail granting order passed by this Court on the bail application of parents of the applicant and arguments advanced by learned counsel for the applicant in view of this Court merely on this ground it is not proper to withheld the bail application of the applicant considering Article 21 of the Constitution of India and the fact that applicant is lady. 10. Further, however, applicant is wife of the deceased and as per allegation she alongwith her family members committed murder of her husband but it appears except bald and verbal allegation, there is no cogent evidence against the applicant on record. Further, even during investigation involvement of the applicant was found false. 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-Smt. Sangeeta Alias Bhuri 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 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 her 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 :- 23.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad