HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34426 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Shri Ram Neta Singh, learned counsel for the applicants, Shri Ayush Mishra, learned counsel for the informant and the learned A.G.A. for the State of U.P. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No.477 of 2026, under Sections 191(2), 191(3), 115(2), 127(2), 109(1), 351(3) BNS, Police Station Hapur Nagar, District Hapur. 3. Learned counsel for the applicants submits that the applicants are innocent ladies and have been falsely implicated in the present case. As per the allegations contained in the FIR, the marriage of the applicant no.1 was solemnized with one Rajesh. The matrimonial dispute was going on between them. Several injuries were caused to the injured Rajesh. As per injury report of the injured, he sustained as many as 12 injuries on his person. However, as per supplementary medical report, all the injures are simple in nature. It is further submitted that no offence under Section 109(1) BNS is made out against the applicants. Section 109(1) BNS has wrongly been invoked in order to keep the applicants behind the bar for a long time. There is no criminal history of the applicants. Learned counsel for applicants further submits that the applicants have been languishing in jail since 23.08.2026 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. Versus Counsel for Applicant(s) : Ram Neta Singh Counsel for Opposite Party(s) : Ayush Mishra, G.A., Prabha Shanker Mishra Deepa And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicants and submitted that there is ample evidence against the applicants regarding their involvement in the offence, therefore, they are not entitled to be released on bail. 5. Having considered the rival submissions advanced by learned counsel for the parties, the nature of accusations, the evidence brought on record, the period of incarceration undergone by the applicants, the absence of any criminal antecedents and without expressing any opinion on the merits of the case, this Court finds that the applicants have made out a case for grant of bail. 6. Accordingly, the bail application is allowed. 7. Let the applicants- Deepa and Preeti, who are involved in the aforementioned case crime be released on bail on their furnishing personal bonds 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 applicants shall file an undertaking to the effect that they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the Trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC/ 269 B.N.S. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C./ 84 B.N.S.S., may be issued and if applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC/ 209 B.N.S. (iv) The applicants shall remain present, in person, before the Trial Court on BAIL No. 34426 of 2026 2 dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./ 351 of B.N.S.S. If in the opinion of the Trial Court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 28, 2026 Nitendra BAIL No. 34426 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad