Amola Devi and Another vs State of U.P.

Heard Sri Rahul Jain, Advocate holding brief of Shri Rajesh Kumar Singh, learned counsel for the applicants, Sri Anand Pratap Singh, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 741 of 2025, under Sections 191(2), 115(2), 352, 351(3), 109(1), 117(2), 191(3), 118(1), 103(1), 190 B.N.S. & 7 C.L.A. Act, (corresponding section -147, 323, 504, 506, 307, 325, 148, 324, 302, 149 I.P.C.), P.S. Kotwali Padarauna, District -Kushinagar, during the pendency of the trial.

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Learned counsel for the applicants has submitted that in the FIR as well as in the statement of witnesses including the injured, general role has been assigned to all the 12 accused persons including the applicants and from perusal of postmortem report of the deceased, Chote, it is clear that he received two head injuries which were found to be fatal and no specific role has been assigned to any of the accused including the applicants to cause that injury. It is further submitted that there is no recovery of any weapon on pointing out of the applicants while lathi and one bhala have been recovered on pointing out of the co-accused, Nitesh and Amit Kumar, therefore, applicants has been falsely implicated. It is also submitted that none of the other injured has received any grievous injury on vital part and most of the injuries are simple in nature. It is further submitted that co-accused Arti Devi and Arti @ Gayatri Devi, have already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 12362 of 2026 vide order dated 13.04.2026. Therefore, the applicants having an identical role, are also entitled to be released on bail on the ground of parity. It is further submitted that the applicants has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicants are law abiding citizens and they are languishing in jail since 22.12.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings.

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BAIL No. 13046 of 2026

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Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that similarly situated coaccused has been enlarged on bail and keeping in view the nature of offence, evidence, complicity of the accused and 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 applicants are entitled to be enlarged on bail. Accordingly, the present application is allowed .

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Let the applicants- Amola Devi and Malti Devi, involved in the aforementioned crime be released on bail, on their furnishing personal bonds and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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i. The applicants 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.

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ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicants shall attend in accordance with the conditions of the bond executed by them.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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Verification of mobile number and Aadhar card of the applicants as well as sureties should be verified by the court concerned.

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It is made clear that the applicants 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.

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BAIL No. 13046 of 2026

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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 applicants.

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Office is directed to send a copy of this order to the applicants through concerned Jail Superintendent via e-mail or e-prison portal 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.

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(Arun Kumar Singh Deshwal,J.)

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April 20, 2026 SA

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Amola Devi and Another v. State of U.P.

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Amola Devi and Another v. State of U.P.

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