Smt Mithla Devi vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Smt Mithla Devi vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether this Court should direct the court concerned to decide the discharge application filed by the applicant as expeditiously/as soon as possible. +1 more

Court's answer

At this sitting the Court did not accede to the prayer for an immediate direction to expedite the decision of the discharge application; instead it made further consideration conditional on counsel's explanation of the bail-exemption circumstances.

Ratio / Principle

The Court directed learned counsel for the applicant to explain the circumstances under which the applicant is exempted from securing the bail, in view of counsel's submission that the applicant had not secured bail and had invoked the order in Criminal Misc. Application u/s 528 BNSS No.6400 of 2025.

Key takeaways

Consideration of the application was deferred and the Court ordered that the case be put up afresh on 15.12.2025.ratio¶¶17

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 87) — Application U/S 529 BNSS No. 4645 of 2025, decided December 2, 2025 by Hon'ble Anil Kumar-X, J. Applicant Smt Mithla Devi (counsel: Niraj Tiwari, Rohit Tiwari; State represented by G.A./AGA Acharya Rajesh Tripathi) prayed that the court concerned be directed to decide her pending discharge application as soon as possible. Background: FIR Case Crime No. 65 of 2000, u/s 409 IPC, Police Station-Uldan, District-Jhansi; a coordinate Bench, by order dated 9.1.2017 in Application u/s 482 No.2965 of 2003 (Smt. Mithila Devi & Anr. vs. State of U.P. & Ors.), had allowed the applicants to move a surrender-and-bail application within two months for expeditious decision, undertook that no coercive measures would be taken meanwhile, barred any extension of time, expressly disclaimed any implied direction to grant bail, and disposed of that application. Asked whether bail had been sought, counsel submitted the applicant had not secured bail, invoking this Court's order in Criminal Misc. Application u/s 528 BNSS No.6400 of 2025 (Smt. Bacchi Devi vs. State of U.P. & Anr.) as the ground of exemption. No expedite direction issued at this sitting; counsel directed to explain the circumstances exempting the applicant from securing bail; case put up afresh on 15.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 4645 of 2025

Smt Mithla Devi

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Niraj Tiwari, Rohit Tiwari
Counsel for Opposite Party(s)	: G.A.

Court No. - 87

HON'BLE ANIL KUMAR-X, J.

Learned counsel for the appellant and Shri Acharya Rajesh Tripathi, learned AGA for the State are present.

Learned counsel for the applicant has prayed before this Court to direct the concerned court to decide the discharge application filed by the applicant as soon as possible.

From the submission raised by the learned counsel for the applicant, it is apparent that an FIR being Case Crime No.65 of 2000 u/s 409 IPC, Police Station-Uldan, District-Jhansi was lodged against the applicant. However, an order was passed by a coordinate Bench of this Court on 9.1.0217 in Application u/s 482 No.2965 of 2003 (Smt. Mithila Devi & Anr. vs. State of U.P. & Ors.). The operative part of the order dated 9.1.2017 is as follows:-

"However, in case the applicants move surrender and bail application within a period of two months from today, the same shall be considered and decided expeditiously by the learned Courts below bearing in mind the various propositions of law and guidelines laid down by this Court as well as by the Hon'ble Apex Court from time to time through various pronouncements. Till then, no coercive measures shall be taken against the applicants in the above mentioned case. It is also made clear that no further time would be extended for surrender and bail. This order shall not be treated as an implied direction of this Court to grant bail. The bail prayer shall be considered by the Court concerned in accordance with law.

NA529 No. 4645 of 2025

2

Application is disposed of with aforesaid observations"

When asked as to whether the applicant has sought bail from the concerned court in the aforesaid case, learned counsel for the applicant has submitted that the applicant has not secured his bail in light of the order passed by this Court in Criminal Misc. Application u/s 528 BNSS No.6400 of 2025 (Smt. Bacchi Devi vs. State of U.P. & Anr.).

In view of the above, learned counsel for the applicant is directed to explain the circumstances under which he is exempted from securing the bail.

Put up this case as fresh on 15.12.2025.

(Anil Kumar-X,J.)

December 2, 2025 SK

Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad