Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 5661 (ALL)

RAMAWATI DEVI v. STATE OF U.P.

BAIL/19096/2026 · 2026-09-07

Arun Kumar Singh Deshwal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19096 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Vrat Sheel, learned counsel for the applicant, Sri Janardan Yadav, learned counsel for the first informant, Sri Roshan Kumar Singh, 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. 45 of 2026, under Sections 3(5), 115(2), 352, 351(2) 103(1) B.N.S., Police Station Ghosi, District Mau. 3. Contention of learned counsel for the applicant is that the applicant is an innocent person and she has been falsely implicated in the present case. He further submitted that in the FIR, only general allegation has been made against all the accused persons, however, specific allegation has been made against the accused Ramjit Yadav; during investigation eye-witness made specific allegation of causing injury to deceased against Ramjit Yadav as well as co-accused Vijendra Yadav and applicant has been falsely implicated only being the mother of co-accused Vijendra Yadav, though no specific role has been assigned to the applicant. From bare perusal of the post- mortem report, it is clear that the injured received two injuries: one is incised wound and other is lacerated wound, which have been assigned to the co-accused Ramjit Yadav and Vijendra Yadav. He further submitted that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that co- Versus Counsel for Applicant(s) : Vrat Sheel Counsel for Opposite Party(s) : G.A., Janardan Yadav Ramawati Devi .....Applicant(s) State of U.P. .....Opposite Party(s) accused Sunita Devi has already been released on bail by this Court in Criminal Misc. Bail Application No. 17799 of 2026 vide order dated 02.06.2026. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant is a lady. Applicant has no criminal history. The applicant is in jail since 09.02.2026. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. In case the applicant is released on bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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 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. 6. Let the applicant - Ramawati Devi 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. BAIL No. 19096 of 2026 2 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. 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. 10. 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. 11. 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. 19096 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad