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2025 DAILYLAW 73984 (ALL)

SMT. JANAKI v. STATE OF U.P.

BAIL/24061/2025 · 2025-08-31

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24061 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Virpratap Singh, learned counsel for applicant, Sri Satya Prakash Rathor, learned counsel for the informant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.233 of 2025, under Sections 105, 115(2), 352, 351(2), 106(1) B.N.S., Police Station Mahoba, District Mahoba with the prayer to enlarge her on bail. 4. Learned counsel for the applicant has stated that the case of rash and negligence act has been converted into murder and to the maximum it may fall within the category of culpable homicide, not amounting to murder. Even the said CCTV footage does not indicate that applicant committed the said offence. There is no criminal history of the applicant. The applicant is in jail since 23.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the said CCTV footage categorically indicates that applicant and her husband had forcibly pushed the deceased in front of the truck and he was run over by it, leading to his death. Versus Counsel for Applicant(s) : Virpratap Singh Counsel for Opposite Party(s) : G.A., Satya Prakash Rathor Smt. Janaki .....Applicant(s) State of U.P. .....Opposite Party(s) 6. After hearing learned counsel for the parties and taking into consideration the said CCTV footage, whereby applicant and her husband were seen committing the said offence and the informant was very much there and he has also alleged that applicant and her husband had committed the said offfence which stands corroborated by the CCTV footage, I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected. 7. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 8. 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. September 1, 2025 Vikas Verma BAIL No. 24061 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad