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2026 DAILYLAW 2682 (ALL)

KM. SHIWANI v. STATE OF U.P.

BAIL/15544/2026 · 2026-05-06

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15544 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 44 of 2026, under Sections 85, 109(1), 115(2), 352, 351(2), 117(2) of the B.N.S., Police Station- Khairgarh, District- Firozabad, during the pendency of the trial. 3. The learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. It is further contended that the applicant is the unmarried Nanad of the injured. A matrimonial dispute has led to the false implication of the applicant. The First Information Report (FIR) was initially lodged for offences under Sections 191(2), 115(2), 352, 351(1) of the B.N.S. Later on, in the statement of the injured, who is the sister-in-law of the applicant, the applicant and her mother have been assigned the role of throwing the injured from the roof who led to her sustaining fractures in the hands and legs. Learned counsel for the applicant contends that the applicant has no criminal antecedents and is in jail since 21.03.2026. 4. The learned A.G.A. has opposed the prayer for bail and has contended that specific role of trying to kill the injured has been assigned to the applicant and the co-accused, the mother of the applicant. The case of the applicant is clearly distinguishable from the other named accused in the FIR and being the primary accused of the case, no indulgence may be granted to her. 5. I have considered the submissions made by the learned counsel for the Versus Counsel for Applicant(s) : Mithilesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Km. Shiwani .....Applicant(s) State of U.P. .....Opposite Party(s) parties. 6. Initially, the FIR was lodged for offences under Sections 191(2), 115(2), 352, 351(1) of the B.N.S.. The FIR itself has been lodged after three days of the occurrence. The delay in lodging of the FIR has not been explained. In the supplementary report, the fractures have been found in the left forearm and left leg. No grievous injury is said to have been sustained by the injured on any vital part of the body. Although specific allegation of throwing the injured from the roof has been assigned to the applicant and the co-accused, in the opinion of the Court, the case of the applicant, who is an unmarried sister-in-law (Nanad) is distinguishable from that of the co-accused Smt. Guddi Devi, who is the mother-in-law of the injured. The applicant has no criminal antecedents and is in jail since 21.03.2026. 7. Taking into consideration the facts and circumstances, enumerated above, and without expressing any opinion on the merits of the case, I deem it appropriate to grant bail to the applicant. 8. Let the applicant - Km. Shiwani, involved in the aforementioned 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 the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial Court, unless her personal appearance is exempted by the Court concerned. 9. In the event of breach of any of the aforesaid conditions, the Court below will be at liberty to proceed to cancel her bail. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to BAIL No. 15544 of 2026 2 ensure early release of the applicant. May 7, 2026 Kushal BAIL No. 15544 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad