HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28443 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Counter affidavit filed by learned A.G.A. for the State in Court today, is taken on record. 2. Heard Sri Mahendra Kumar Maurya, learned counsel for the applicant, Sri Rajesh Kumar Mishra, learned A.G.A. for the State and Sri Surjeet Singh Patel, leaned counsel for the informant and perused the record. 3. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 204 of 2025, under Section 109 B.N.S., Police Station- Jait, District Mathura. 4. Contention of the learned counsel for the applicant that as per allegation of FIR, the applicant is real mother of the victim and father who is the first informant expressed doubt for causing injuries by applicant. Subsequently, the injured during her statement recorded under Section 180 BNSS has clearly stated that she was undergoing treatment, when she refused to take medicine then her mother who was insisting to take the medicine became agitated and attacked her with an axe (kulhadi). It is further submitted that the injury report of the victim shows that two injuries were caused by hard and blunt object, therefore, it is clear that there is no intention to kill her real daughter on the part of applicant it was suddenly in the spur of the moments when the daughter refused to take medicine, applicant hit her with the blunt object which caused injuries. It is further submitted that applicant is the real mother of the victim therefore, family does not want to pursue this case. 5. Learned counsel for the first informant has also submitted that as the Versus Counsel for Applicant(s) : Mahendra Kumar Maurya, Vivek Yadav Counsel for Opposite Party(s) : G.A., Ram Kinkar Upadhyay, Surjeet Singh Patel Smt. Nilam Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) applicant being real mother did not have any intention to kill the victim but in the spur of the moment during anger when the victim refused to take medicine, mother hit her resulting the injuries to the victim. Learned counsel for the informant further submits that he does not want to object this bail prayer of the applicant. The applicant has no criminal history and he is languishing in jail since 03.01.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. Per contra, learned A.G.A. vehemently opposed the prayer and submitted that dispute may be within the family but offence under Section 307 which cannot be settled, therefore he is not entitled to enlarge on bail. 7. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and statement of the victim as well as the injury report, it is clear that applicant is the real mother of the victim and she had no intention to kill her and in the spur of the moments she hit her when her daughter refused to take medicine and even the first informant (father of the victim) did not oppose the bail prayer, this Court inclined to grant bail to the applicant who is the lady and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant- Smt. Nilam Mishra involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond BAIL No. 28443 of 2025 2 executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 9, 2025 Imtiyaz BAIL No. 28443 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad