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2025 DAILYLAW 93815 (ALL)

SMT MITHALA v. STATE OF U.P.

BAIL/30899/2025 · 2025-10-07

Vivek Varma

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30899 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 0462 of 2025, under Sections 191(2), 352, 115(2), 105, 117(2) B.N.S., Police Station- Kotwali Lalitpur, District- Lalitpur during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with four named accused is alleged to have assaulted Karan Verma, Devraj and Ashok. The injuries received by Karan Verma and Devraj were found simple in nature. The other injured Ashok succumbed to his injuries. As per the postmortem report, the doctor found a hematoma in left occipital region and found one stitched wound, one contusion and three stitches. The cause of death was opined as shock due to antemortem head injury. It is next contended that identically placed co-accused Vinod Kumar and Lucky have been granted bail by this Court vide order dated 26.9.2025 passed in Criminal Misc. Bail Application No. 31256 of 2025. The applicant claims parity. The applicant is a lady and has no criminal history. Charge- sheet has been filed. The applicant is in jail since 23.5.2025. In case she is enlarged on bail, she will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not Versus Counsel for Applicant(s) : Anshul Tiwari, Vikram Singh Shrivastava Counsel for Opposite Party(s) : G.A. Smt Mithala .....Applicant(s) State of U.P. .....Opposite Party(s) satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that as per the first information report, the applicant along with four named accused is alleged to have assaulted Karan Verma, Devraj and Ashok. Ashok succumbed to his injures. The injuries received by Karan Verma and Devraj were found simple in nature. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused single injury on the head of the deceased Ashok. Identically placed co-accused Vinod Kumar and Lucky have been granted bail by this Court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Smt. Mithala involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 8, 2025 S.S. BAIL No. 30899 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad