Allowed¶6

Smt Pushpa v. State of U.P.

Allahabad HC19 Mar 2026BAIL/8475/2026

Case brief

AI extract

What is this about?

Bail allowed; lady accused; Smt. Pushpa; Case Crime No.529 of 2025; Sections 191(2), 333, 115(2), 352, 351(3), 109, 3(5) BNS; P.S. Cantt, District Bareilly; Section 480 BNSS; parity with co-accused Ladaiti (Bail No. 7648 of 2026, order dt. 27.02.2026); in custody since 12.01.2026; overcrowded jails; heavy pendency; Kapil Wadhawan v. CBI, 2025 SCC OnLine SC 3038; BOMS release; Policy Strategy for Grant of Bail, In Re, (2024) 10 SCC 685; Allahabad High Court, Court No. 69; Bail No. 8475 of 2026; decided 19.03.2026; single bench of Arun Kumar Singh Deshwal, J.

What did the court decide?

Applicant Smt. Pushpa to be enlarged on bail during trial in Case Crime No.529 of 2025 on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to the imposed conditions. ¶6

Smt Pushpa vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant Smt. Pushpa, arraigned in Case Crime No.529 of 2025 under Sections 191(2), 333, 115(2), 352, 351(3), 109, 3(5) B.N.S., P.S. Cantt, District Bareilly, is entitled to be released on bail during trial.

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Court's answer

Taking into account that the applicant is a lady, the nature of offence, evidence, complicity of the accused, overcrowded jails and heavy pendency of criminal cases before the trial courts, and the mandate of the Apex Court in Kapil Wadhawan, and without expressing any opinion on the merits, the applicant is entitled to be enlarged on bail; the bail application is allowed.

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Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions (no inducement, threat or promise or tampering with evidence; sincere cooperation in trial/investigation without seeking adjournments; no criminal activity after release; attendance as per bond), breach being a ground for cancellation of bail.

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Key takeaways

The trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release, and a copy of the order is to be sent to the applicant through the Jail Superintendent via e-mail/e-prison portal in compliance with the Apex Court direction in Policy Strategy for Grant of Bail, In Re.ratio¶10

Detailed headnote1 paragraphs

Bail granted. The Allahabad High Court (Arun Kumar Singh Deshwal, J.) allowed the bail application of Smt. Pushpa, in jail since 12.01.2026 in Case Crime No.529 of 2025 under Sections 191(2), 333, 115(2), 352, 351(3), 109, 3(5) B.N.S., Police Station Cantt, District Bareilly. Considering that the applicant is a lady, the nature of offence, evidence, complicity of the accused, overcrowded jails and heavy pendency of criminal cases before the trial courts, and the mandate of the Apex Court in Kapil Wadhawan v. Central Bureau of Investigation (2025 SCC OnLine SC 3038), and without expressing any opinion on merits, the Court enlarged her on bail on a personal bond and two sureties each in the like amount, with conditions against tampering, requiring cooperation and abstention from crime, breach being a ground for cancellation. Parity was urged on the strength of co-accused Smt. Ladaiti's bail in Bail Application No. 7648 of 2026 (order dated 27.02.2026); Section 480 BNSS was invoked for a lady accused. The trial court was directed to transmit the release order through BOMS, and a copy of the order to be sent to the applicant through the Jail Superintendent via e-mail/e-prison portal in compliance with Policy Strategy for Grant of Bail, In Re (2024) 10 SCC 685.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 8475 of 2026

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Smt Pushpa

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.....Applicant(s)

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Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Rajesh Kumar Verma
Counsel for Opposite Party(s) : 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 Rajesh Kumar Verma, learned counsel for the applicant, 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.529 of 2025, under Sections 191(2), 333, 115(2), 352, 351(3), 109, 3(5) B.N.S., Police Station Cantt, District Bareilly.

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Contention of learned counsel for the applicant is that applicant has been falsely implicated, though, there is no incriminating material against the applicant. It is further submitted that in the FIR only general allegation has been made against all the accused persons including the applicant. 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. It is further submitted that co-accused Smt. Ladaiti has already been released on bail by this Court in Criminal Misc. Bail Application No. 7648 of 2026 vide order dated 27.02.2026. Therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is a law abiding citizen and she is languishing in jail since 12.01.2026. In case she is 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. as well as learned counsel for the first informant has vehemently opposed the prayer for bail but could not

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BAIL No. 8475 of 2026

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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 - Smt. Pushpa 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. 8475 of 2026

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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 19, 2026 CS/-

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

Smt Pushpa v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Pushpa v. State of U.P.

Case brief

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What the court decided

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