Neutral Citation No. - 2025:AHC:90164 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17279 of 2025 Applicant :- Smt. Saroj Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Narayan Singh,Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Harsh Narayan Singh, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 202 of 2024, under Sections 333, 191(2), 191(3), 190, 105, 115(2) of BNS, Police Station - Samthar, District - Jhansi, during the pendency of trial. 4. As per prosecution story, the co-accused person Sangeeta Devi is stated to have assaulted the informant, as such, both started fighting with each other and came out of the house on 12.12.2024 at about 06:00 AM whereby the father of the informant rushed to save her, who was assaulted by the applicant and other co-accused persons armed with axe and lathi, thereby caused grievous injuries to her father along with informant and her mother. 5. It is also alleged that the father of the informant was rushed to District Hospital, Jhansi whereupon finding his condition serious, he was referred to Medical College, Jhansi whereby he succumbed to injuries sustained on 14.12.2024. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about three days and there is no explanation of the said delay caused. Even the FIR is delayed from the time of death of deceased person. 7. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. There are 10 named and 5-6 unknown persons in the FIR. 8. Learned counsel has further argued that subsequently, in the statement of one eye-witness Manikchand, it has come up that the named accused person Monu was carrying axe and had assaulted the deceased person with it thereby inflicted the said fatal injuries to him. The said eye-witness Manikchand has further stated that the other co-accused persons were not present at the place of occurrence. 9. Learned counsel has further stated that the applicant is a lady and has nothing to do with the said offence. The cause of death of deceased persons was found to be shock and hemorrhage due to ante-mortem injuries sustained. The injuries sustained by the informant and her mother were found simple in nature and were caused by hard and blunt object. The applicant has simply been implicated owing to her relationship with main accused person Monu. 10. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 07.01.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 11. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of three days in lodging the FIR, the statement of alleged eye-witness and also considering the fact that the cause of death of deceased persons was found to be shock and hemorrhage due to ante- mortem injuries sustained coupled by the fact that there are general and omnibous allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed. 13. Let the applicant- Smt. Saroj, who is involved in aforementioned case crime be released on bail on her 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 applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 27.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad