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Neutral Citation No. - 2025:AHC:143919 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28608 of 2025 Applicant :- Sheela Devi Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sushil Kumar Mishra, learned counsel for the applicant, Sri Sushil Kumar Shukla, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.183 of 2025, under Sections 103(1), 191(2), 115(2), 351(3), 352, 117(2) and 3(5) B.N.S., Police Station Belipar, District Gorakhpur, during the pendency of trial.
4. As per prosecution story, the applicant and nine other named accused persons are stated to have assaulted the husband, father-in- law, mother-in-law, brother-in-law and sister-in-law of the informant on 06.06.2025 at about 7:00 a.m. by barging into their house and caused grievous injuries to them.
5. Thereafter, they were rushed to hospital immediately and the condition of mother-in-law of the informant Rajpati Devi was found serious.
6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about two and half days and there is no explanation of the said delay caused. There are general and omnibus allegations against all the accused persons including the applicant. No particular role has been assigned to any accused persons regarding assaulting the deceased person as the mother-in- law of the informant Rajpati Devi had expired subsequently.
7. Learned counsel for the applicant has further argued that there is
no criminal history of the applicant. The applicant is languishing in jail since 12.06.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
8. Learned A.G.A. has vehemently opposed the bail application.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the FIR being delayed by about two and half days and also there being general and omnibus allegations against all the accused persons including the applicant, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
10. Let the applicant- Sheela Devi, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 21.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad