Shrimati Devi vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 43390 of 2025

Shrimati Devi

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Janardan Yadav, Manikant Yadav : Shiva Kant Srivastava, G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Heard Sri Janardan Yadav, learned counsel for the applicant, Sri Shiva Kant Srivastava, learned counsel for the first informant, Sri Roshan Kumar 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 applicant on bail during the trial in Case Crime No.310 of 2025, under Sections 3(5), 109, 110, 115(2), 131, 333, 352 B.N.S., Police Station Gambhirpur, District Azamgarh.

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Contention of learned counsel for the applicant is that the applicant is an innocent person and she has been falsely implicated in the present case. He further submitted that in the FIR as well as in the statement of the injured and the first informant, only general allegation has been made against the applicant. He further submitted that no weapon has been assigned to the applicant. Only allegation of beating to the first informant has been made against the applicant. He further submitted that the applicant has been falsely implicated in the present case due to ulterior motive. Applicant has nothing to do with the present case. It is further submitted that the applicant is a lady. Applicant has no criminal history. The applicant is in jail since 30.10.2025. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. In case the applicant is released on 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. as well as learned counsel for the first

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BAIL No. 43390 of 2025

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2

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informant 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 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. Accordingly, the bail application is allowed .

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Let the applicant - Shrimati 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. 43390 of 2025

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3

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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 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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March 18, 2026 CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Shrimati Devi v. State of U.P.

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Shrimati Devi v. State of U.P.

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