Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29224 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Supplementary affidavit filed today is taken on record.
3. Heard Sri Upendra Kumar Pushkar, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No.98 of 2025, under Sections 3(5), 105, 115(2), 352, 351(2) B.N.S., Police Station Dakshin Tola, District Mau, during the pendency of trial.
5. As per prosecution story, applicant along with five other co-accused persons are stated to have assaulted the family members of the informant on 03.06.2025 at about 06:00 PM causing injuries to four persons and one of the injured is stated to have succumbed to the injuries subsequently in hospital.
6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by more than 17 hours and there is no explanation to the said delay caused. The informant has categorically assigned the role of assaulting the injured person and deceased person to Abhishek, Aniket and Abhinay and applicant being a lady is entitled for bail as she has not been assigned role of assaulting anyone. There are general and omnibus allegations against all the accused persons. The statement of three injured persons have been recorded after much delay and they have exonerated one Mukesh who was nominated in the FIR which Versus Counsel for Applicant(s) : Akal Raj Singh, Upendra Kumar Pushkar Counsel for Opposite Party(s) : G.A. Rita Devi .....Applicant(s) State of U.P. .....Opposite Party(s)
falsifies the prosecution story. There is no criminal history of the applicant. The applicant is languishing in jail since 10.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay of 17 hours in institution of FIR and the applicant being a lady and her role being distinguished from the other co-accused persons, 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.
9. Let the applicant-Rita Devi,who is involved in aforementioned case crime be released on bail on his 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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. September 9, 2025 Karan BAIL No. 29224 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad