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2026 DAILYLAW 7678 (ALL)

GEETA DEVI v. STATE OF U.P.

BAIL/27028/2026 · 2026-09-15

Sameer Jain

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27028 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Rejoinder affidavit filed by applicant is taken on record. 2. Heard Sri S. B. Singh, Advocate holding brief of Sri S. K. Pandey, learned counsel for the applicant and Sri R. N. Srivastava, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 173 of 2026, under Sections 103(1) BNS, Police Station Ramgarhtaal, District Gorakhpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that however applicant is wife of the deceased and as per allegation she alongwith her two sons by causing injuries committed the murder of the deceased but entire allegations levelled against the applicant are totally false. 5. He further submitted that actually deceased used to consume liquor and therefore, very often dispute arose between him and his family members including applicant and on the date of incident again he came after consuming liquor and therefore, dispute arose and during dispute the sons of the applicant made assault due to which he sustained injuries and died and as applicant is his wife and he also opposed him for consuming liquor, therefore, her another son who was not even present at spot also disclosed the name of the applicant in the FIR of the present case. 6. He further argued that being lady and wife of deceased there was no occasion for the applicant to make assault upon the deceased. Versus Counsel for Applicant(s) : Sanjay Kumar Pandey Counsel for Opposite Party(s) : G.A. Geeta Devi .....Applicant(s) State of U.P. .....Opposite Party(s) 7. He further submitted that even applicant is aged about 65 years of age and she is having no previous criminal history and in the present matter she is in jail since 25.3.2026 i.e. for last six months. 8. He further submitted that therefore, considering the facts of the case, applicant may be released on bail. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is wife of the deceased and as per allegation she alongwith her two sons by causing injuries committed his murder but considering the age of the applicant and the fact that she is lady and she is in jail for last almost six months, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Geeta Devi, be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the BAIL No. 27028 of 2026 2 said observations shall have no bearing on the merits of the case during trial. September 16, 2026 Ankita BAIL No. 27028 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad