Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 61495 (ALL)

SMT. URMILA YADAV v. STATE OF U.P.

BAIL/17557/2025 · 2025-05-29

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:93277 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17557 of 2025 Applicant :- Smt. Urmila Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Indra Jeet Yadav,Sharad Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant, Sri Vishwanath Yadav, learned counsel for the informant and Sri Imran Khan, learned AGA, for the State. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.62 of 2025, under Sections 103(1) and 3(5) BNS, Police Station-Badlapur, District-Jaunpur, during pendency of the trial. 4. Learned counsel for the applicant submits that however, FIR of the present case was lodged under Section 108 BNS with the allegation that applicant and other accused were collateral of the deceased and they tortured him for property and due to this reason he committed suicide but during investigation when it was found that actually deceased died due to strangulation then case was converted under Section 103 BNS. 5. He further submits that merely on the basis of suspicion, applicant, who is lady, has been roped in the present matter and there is no evidence which can suggest that she involved in the murder of the deceased. 6. He further submits that applicant is not having any previous criminal history and in the present matter she is in jail since 06.2.2025. 7. Per contra, learned AGA as well as learned counsel for the informant, however, opposed the prayer for bail but could not dispute the argument 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. From the record it reflects that initially FIR of the present case was lodged under Section 108 BNS but when it was found that actually deceased died due to strangulation and prima facie it appears to be a case of murder then case was converted under Section 103 BNS but it reflects that there is no cogent evidence against the applicant on record except suspicion. 10. Further, applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 06.2.2025. 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-Smt. Urmila Yadav 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 activities. 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 :- 30.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad