Lalti Devi Vs State of U.P.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.19 of 2020, under Section-302 IPC, 1860, Police Station-Phoolpur, District-Prayagraj, during the pendency of the trial.

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Contention of learned counsel for the applicant is that FIR was lodged by the husband of the applicant with the allegation that in his absence, the applicant has strangulated his five year old daughter born out of the earlier wife of the first informant. It is further submitted that there is no eye witness of the incident in question and several other persons have also been residing in the house, therefore, there is no incriminating material against the applicant except her confession to the first informant. It is further submitted that applicant is in jail for more than six years and out of 14 witnesses, till date only 6 witnesses have been examined before the trial court. Therefore, there is bleak probability of conclusion of trial in near future. He has also relied upon the latest judgement of the Apex Court in the case of Sahil Manoj Machare Vs. State of Maharashtra in SLP (Crl.) No.7502 of 2026 wherein the Apex Court has observed that even if the charges are serious if the trial is delayed then the right of speedy trial is infringed. It is further submitted that the applicant has no criminal history and being a lady, she is entitled to be released on bail in view of Section 480 BNSS. The applicant is a law abiding citizen and she is languishing in jail since 15.01.2020. In case, she is

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BAIL No. 14105 of 2026

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granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.

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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 applicant is a lady and also keeping in view the nature of offence, evidence, complicity of the accused and also 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 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Lalti Devi, involved in the aforementioned crime be released on bail, on her furnishing a personal bond 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 applicant 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 applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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

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iv. The applicant shall attend in accordance with the conditions of the bond executed by her.

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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 applicant and sureties be verified by the court concerned before the bonds are accepted.

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BAIL No. 14105 of 2026

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

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It is made clear that the applicant 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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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 applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours 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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May 6, 2026 S.C.

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(Arun Kumar Singh Deshwal,J.)

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Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Lalti Devi v. State of U.P.

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Lalti Devi v. State of U.P.

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