Neutral Citation No. - 2025:AHC:42044 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29890 of 2024 Applicant :- Mahraji Devi @ Rajkumari Devi Opposite Party :- State of U.P. Counsel for Applicant :- Anup Kumar Pandey,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Jitendra Prasad Mishra Hon'ble Sameer Jain,J. 1. Heard Sri Anup Kumar Pandey, learned counsel for the applicant, Sri Pradeep Kumar, learned AGA for the State- respondent and Shri Jitendra Prasad Mishra, learned counsel for the informant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.073 of 2024, under Section 306 IPC, Police Station- Koirauna, District- Bhadohi, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 30.06.2024 against applicant and her daughter-in-law and according to the FIR, due to the torture of the applicant and co-accused, sister of the informant committed suicide alongwith her daughter after consuming some poisonous substance. 4. Learned counsel for the applicant submits that applicant is the mother-in-law of the deceased and on the basis of false and vague allegation, she has been made accused in the present matter along with jethani of the deceased. 5. He further submits that in the FIR, it is mentioned that daughter- in-law of the applicant consumed some poisonous substance alongwith her daughter and both died but informant in his statement recorded during investigation disclosed the fact that actually alongwith the daughter-in-law of the applicant her two minor children also died, therefore, it is a case in which three persons died but admittedly they committed suicide. 6. He further submits that except the vague allegation of abetment, there is no cogent evidence against the applicant on record. 7. He further submits that actually daughter-in-law had taken a loan of Rs.4,00,000/- and only due to this reason, she alongwith her two minor children consumed poison and died. 8. He further submits that co-accused Saroja Devi i.e. jethani of the one of the deceased has already been released on bail by this Court vide order dated 03.01.2025 passed in Criminal Misc. Bail Application No.47229 of 2024. 9. He further submits that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 30.06.2024 i.e. for last more than eight months. 10. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that it is a case in which three persons lost their lives due to the torture of the applicant and co-accused. 11. They further submits that one of the deceased is daughter-in- law of the applicant and she alongwith her two minor children consumed poison and died on the abetement of the applicant and therefore, considering the seriousness of the allegation, applicant should not be released on bail. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, it reflects, as per allegation, due to torture of applicant and co-accused, daughter -in-law of the applicant committed suicide alongwith her two minor children by consuming poisonous substance but from perusal of the FIR and statements of the witnesses recorded during investigation, it reflects, on the basis of vague allegation of torture, applicant has been made accused in the present matter and after considering this fact, the argument advanced by learned counsel for the applicant that there is no cogent evidence of abatement against the applicant on record, cannot be ruled out at this stage. 14. Further, co-accused Saroja Devi i.e. jethani of the daughter-in- law of the applicant has already been released on bail by this Court vide order dated 03.01.202511. 15. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 30.06.2024 i.e. for last more than eight months. 16. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and his/her bail application should not be dismissed for punitive purpose. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant- Mahraji Devi @ Rajkumari Devi 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 his 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 him 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 activity. 20. 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. 21. 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 :- 21.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad