Smt. Yashoda vs State of U.P.

Neutral Citation No. - 2025:AHC:52258

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6213 of 2025

Applicant :- Smt. Yashoda Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sameer Jain,J.

¶6

Heard Sri Gaurav Srivastav, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the Staterespondent.

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 129 of 2024, under Sections 103(1), 238, 61(2), 3(5) BNS, Police Station- Pinahat, District- Agra, during pendency of the trial in the court below.

¶8

Learned counsel for the applicant submitted that initially FIR of the present case was lodged against unknown person with regard to missing of 8 years' old son of the informant but when on 02.12.2024 his dead body was recovered and it was found that he was murdered then case was converted under Section 103 BNS.

¶9

He further submitted that applicant is the mother of the deceased and during investigation, she has been made accused in the present matter on the basis of statement of co-accused Bhanu, the uncle of the deceased and as per prosecution, applicant was having illicit relationship with co-accused Bhanu and co-accused Bhanu along with her committed the murder of the deceased but entire allegation levelled against the applicant is totally false.

¶10

He further submitted that except statement of co-accused Bhanu and confessional statement of the applicant, there is no other evidence against the applicant on record.

¶11

He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 03.12.2024.

¶12

Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by

¶13

learned counsel for the applicant.

¶14

I have heard learned counsel for the parties and perused the record of the case.

¶15

It is a case of circumstantial evidence and applicant is the mother of the deceased and during investigation, she has been made accused in the present matter on the ground that she was having illicit relationship with co-accused Bhanu, her devar, and she along with him committed the murder of her son but it reflects, except the statement of co-accused Bhanu and confessional statement of the applicant, there is no cogent evidence against the applicant on record.

¶16

Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 03.12.2024.

¶17

Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶18

Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

¶19

Let the applicant- Smt. Yashoda 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:-

¶20

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

¶21

(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 him from disclosing such facts to the Court or any police officer or tamper with the evidence.

¶22

(iii) The applicant shall not indulge in any criminal and antisocial activity.

¶23

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.

¶24

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 said observations shall have no bearing on the merits of the case during trial.

¶25

Order Date :- 9.4.2025 KK Patel

¶26

Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Smt. Yashoda v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Yashoda v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Vishal Kumar vs State of U.P. Though It Principal Secretary (Home)Lucknow

Parvez Alias Ishtiyaq Ali vs State of U.P.

Rahul vs State of U.P.

Sonu vs State of U.P. and Another

Mahesh Prasad Rajak vs State of U.P.

Makardhwaj Bhoi vs State of Up