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2026 DAILYLAW 9933 (ALL)

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

BAIL/24294/2026 · 2026-09-30

Vivek Varma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24294 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 146 of 2026, under Section 105 B.NS., Police Station- Ijjat Nagar, District- Bareilly, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant is the wife of the deceased and has been falsely implicated in the present case. During trial, the informant was examined as P.W.-1. The said prosecution witness has not supported the prosecution version and has been declared hostile by the trial court vide order dated 31.8.2026. The statement of P.W.-1 is annexed as Annexure RA-1 to the rejoinder affidavit. The applicant is in jail since 24.02.2026 having no criminal antecedents and in case, she is enlarged on bail, she will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that during trial, the informant, who was examined as P.W.-1, has not supported the prosecution version and has been declared hostile by the trial court. Further, the applicant is a lady and has remained confined for more than seven months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the Versus Counsel for Applicant(s) : Sudhir Kumar Counsel for Opposite Party(s) : G.A. Smt. Rekha Devi .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is entitled to be enlarged on bail. 6. 6. Let the applicant Smt. Rekha Devi, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that she: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 1, 2026 Manish Kr BAIL No. 24294 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad