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Allahabad High Court
Shrimati Devi vs State Of U.P. on 15 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:82976
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12499 of 2026
Shrimati Devi
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Harish Kumar, Sr. Advocate, Umesh Chandra Shukla
Counsel for Opposite Party(s)
:
G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Amit Daga, learned Senior Counsel assisted by Sri Harish Kumar, learned counsel for the applicant, Ms. Jyoti Singh, learned counsel for the first informant and Sri D.P.S. Chauhan, learned A.G.A. for the State.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.390 of 2025, under Sections 103(1), 333, 352 BNS, Police Station- Refinery, District Mathura.
3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of first informant who is also eye witness, specific allegation of firing upon the deceased has been assigned to co-accused Vishnu and fire arm was also recovered from the possession of co-accused Vishnu. Only role assigned to the applicant is to exhort the co-accused Vishnu. There is no recovery of any weapon from the possession of the applicant and she has been falsely implicated. It is lastly 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. She is languishing in jail since 16.12.2025. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned counsel for the first informant, Ms. Jyoti Singh vehemently opposed the prayer for bail and submitted that the applicant is responsible for entire incident as she exhorted her son Vishnu to fire upon the deceased. She also submitted that son of the applicant (co-accused Vishnu) is hard core criminal, therefore, taking advantage of his criminal background, present applicant used to threat the resident of locality but she could not dispute the fact that the specific role has been assigned to co-accused Vishnu and fire arm was also recovered from him.
5. Learned AGA also adopted the argument of first informant.
6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that the applicant is lady and role of the present applicant is distinguishable from the role of co-accused Vishnu and keeping in view the nature of offence, evidence, complicity of accused 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 present application is allowed.
7. 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:-
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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
10. Verification of mobile number as well as Aadhar Card of the applicant and sureties should also be conducted by the court concerned.
11. It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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.
12. It is 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.
13. 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.
(Arun Kumar Singh Deshwal,J.)
April 15, 2026
A.Kr.
