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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29899 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Pankaj Kumar Mishra, learned counsel for applicant, Sri Sunil Kumar, learned A.G.A. 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.164 of 2025, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Bharthana, District Etawah with the prayer to enlarge her on bail. 4. Learned counsel for the applicant has stated that the applicant is the mother-in-law of the deceased person and has been falsely implicated in the present case. She has nothing to do with the said offence as she used to live in her maternal home as she had inherited property from her parents. There are general and omnibus allegations against all the accused persons including the applicant. 5. Learned counsel for the applicant has further stated that in the statement of uncle and other witnesses, it has come up that it was Shishupal who was found at the place of occurrence and not the other family members. There is no criminal history of the applicant. The applicant is in jail since 24.06.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Pankaj Kumar Mishra Counsel for Opposite Party(s) : G.A. Sharda Devi .....Applicant(s) State of U.P. .....Opposite Party(s)
6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that there are six injuries on the body of deceased person which indicate trauma and pain inflicted to her. The applicant is the mother- in-law of the deceased and one of the main perpetrator of crime, as such, she is not entitled for bail. 7. After hearing learned counsel for the parties and taking into consideration that the deceased had sustained injuries within the precincts of the house of the applicant and there is no strong evidence of alibi of the applicant coupled with the fact that the cause of death is coma due to ante-mortem injuries, 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. 8.
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. 9. 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 (Ravi Kant) BAIL No. 29899 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad