Asha Devi vs State of U.P. Thru. Prin.Secy. Deptt. of Home Lko.

The present bail application has been filed by the applicant seeking bail in Case Crime No. 396 of 2024, under Section 103(1) B.N.S., Police Station-Mallawan, District-Hardoi.

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While pressing the application for bail, learned Counsel for the applicant submitted that applicant has been falsely implicated in the present case.

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It is stated that co-accused name Arjun has already been enlarged on bail by this Court vide order dated 04.12.2025 passed in Criminal Misc. Bail Application No.3843 of 2025. The order dated 04.12.2025 passed in Criminal Misc. Bail Application No.3843 of 2025 reads as under:-

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" 1. Heard learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.396 of 2024, under Section 103(1) BNS, P.S. Mallawan, District Hardoi.

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3. In terms of the FIR allegations were levelled that son of the informant aged about 25 years had gone alongwith sister-in-law Astha on a cycle and subsequently, information was received that the body of the son was found. An apprehension was expressed that

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BAIL No. 338 of 2026

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daughter-in-law of the informant had committed the offence. Subsequently, the applicant was linked with the offence based upon his confessional statement wherein he confessed that he had become close to the daughter-in-law of the informant and when they were caught in a compromising position, the applicant alongwith the coaccused Astha committed the offence. Cause of death is incised wound on the right side of the neck and a contusion on the right side of the neck. No recovery of knife was done from the applicant. Even in terms of the statement and confession wherein the applicant had agreed that the offence was committed by throttling, the same is not corroborated by the postmortem injuries.

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4. Learned AGA has opposed the bail application.

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5. Considering the fact that the material to link the applicant with the offence is a confessional statement which has no evidentiary value and there is no recovery from the applicant, the applicant who has no criminal antecedents and is in custody since 11.09.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Arjun be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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It is further stated that the applicant, having no criminal history, is in judicial custody since 11.09.2024. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail and the possibility of conclusion of trial in near future is extremely bleak. In these circumstances, the applicant is entitled to be released on bail.

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Learned A.G.A. opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused-applicant.

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BAIL No. 338 of 2026

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties including which are related to allegations made in the FIR and keeping in mind the period of incarceration as also that co-accused person has already been released on bail by this Court as also chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let the applicant- Asha Devi be released on bail in aforesaid Case Crime, on her furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties, out of which one shall be the family member of the accusedapplicant each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall cooperate with the prosecution during trial.

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(ii) The applicant shall not tamper with the evidence during trial.

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(iii) The applicant shall not pressurize/intimidate the prosecution witness(s).

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(iv) The applicant shall not commit an offence.

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(v) 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court

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on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

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As this order relates to enlargement of the applicant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.

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Office is directed to communicate this order to the jail authorities as also to the concerned Court for necessary compliance.

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Application is disposed of.

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(Saurabh Lavania,J.)

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January 21, 2026

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Arti/-

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Asha Devi v. State of U.P. Thru. Prin.Secy. Deptt. of Home Lko.

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Asha Devi v. State of U.P. Thru. Prin.Secy. Deptt. of Home Lko.

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