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2026 DAILYLAW 12821 (ALL)

SMT. KAMLESH DEVI v. STATE OF U.P.

BAIL/35863/2026 · 2026-10-06

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35863 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Upendra Kumar Pushkar, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.419 of 2026, under Sections 191(2), 115(2), 352, 92 B.N.S., Police Station Akrabad, District Aligarh, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. Her name has come up in the confessional statement of the injured person. The FIR is delayed by about five days and there is no explanation of the said delay caused. It is a clear cut case of false implication. The applicant has no criminal history and is in jail since 24.08.2026 . She undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without Versus Counsel for Applicant(s) : Upendra Kumar Pushkar Counsel for Opposite Party(s) : G.A. Smt. Kamlesh Devi .....Applicant(s) State of U.P. .....Opposite Party(s) expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Smt. Kamlesh Devi, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. October 7, 2026 Ashok Gupta BAIL No. 35863 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad