HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14986 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Tarun Jha, learned counsel for the applicant, Sri D.P.S. Chauhan, 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 during the trial in Case Crime No. 752 of 2025, under Section 103(1) of B.N.S., Police Station- Kotwali Orai, District- Jalaun. 3. Contention of learned counsel for the applicant is that as per the prosecution story, FIR was lodged by the present applicant making allegation that her husband (deceased) used to consume alcohol and he after consuming alcohol used to abuse neighbours and also used to beat the applicant. It was further mentioned in the FIR that the deceased left the home at 2:00 P.M. on 25.12.2025 and thereafter the applicant has also left the home for some work; thereafter she returned back at around 6:30 P.M. when she open the gate she found that her husband was lying unconscious; thereafter with the help of her daughters she brought the deceased at medical college, where he was declared brought dead. During investigation, the applicant confessed before the police that after returning, the deceased was drunken heavily and he started beating Versus Counsel for Applicant(s) : Tarun Jha Counsel for Opposite Party(s) : G.A. Smt Lata .....Applicant(s) State of U.P. .....Opposite Party(s) her, then to save herself she also resisted and scuffling took place between them where the deceased died because of accidental compression of his throat. 4. Counsel for the applicant submitted that there is no material against the applicant except the confessional statement and that there is no eye-witness of the incident. It is further submitted that even otherwise if the entire prosecution story is taken as true, it could be a case of sudden provocation when the deceased started beating the applicant, then she in her defense also resisted and attacked the deceased during scuffling and the deceased became unconscious and when she brought the deceased to hospital, he was declared brought dead, therefore, the applicant has not committed any offence. Even as per the prosecution story, it is a case of accidental death of the deceased during the time when the applicant was exercising her right to save herself, from her husband who was heavily drunken. It is also submitted that the applicant has liability of two daughters. It is lastly submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and she is languishing in jail since 01.01.2026. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that applicant is a lady and also keeping in view the nature of offence, evidence, complicity of the accused and also taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement BAIL No. 14986 of 2026 2 of the Apex Court in the case of Kapil Wadhawan vs. Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. Let the applicant - Smt. Lata involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 BAIL No. 14986 of 2026 3 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 ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 8, 2026 CS/- BAIL No. 14986 of 2026 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad