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2025 DAILYLAW 72320 (ALL)

SONA DEVI v. STATE OF U.P.

BAIL/23826/2025 · 2025-07-30

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128261 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23826 of 2025 Applicant :- Sona Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh,Shesh Narain Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sanjay Singh, learned counsel for the applicant and Sri Purshottam Maurya, learned AGA for the State. The instant bail application has been filed seeking release of the applicant-Sona Devi, on bail in Case Crime No. 90 of 2025, under Sections-105, 238A of B.N.S. Police Station-Manda, District- Prayagraj, during pendency of the trial. Learned counsel for the applicant submits that the applicant is wife of the deceased. She has been falsely implicated in the present case and is languishing in jail since 15.05.2025. Learned counsel for the applicant submits that the First Information report has been lodged on 15.05.2025 by the first informant with the allegation that the applicant and his two sons namely Sunil and Anil, have beaten the deceased after tying in the tree due to which the victim died. Learned counsel for the applicant submits that in the post mortem report no injury was found on the body of the deceased and the cause of death could not be ascertained hence Viscera was preserved and the report of Viscera is still awaited. He further submits that the real fact is that the deceased was died due to heat stroke. The applicant has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned AGA has opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sona Devi, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 31.7.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad