Anju vs State Of U.P. And Another

1. Heard Sri Rupesh Kumar Singh, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record.

2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.440 of 2023, under Sections 302, 34 IPC, Police Station- Rudrapur, District Deoria.

3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of first informant, allegations have been made against the applicant and other co-accused persons that they stopped the deceased while the deceased was riding a bicycle and started beating with lathi and danda and fists as a result of which he succumbed to the injuries.

4. Learned counsel for the applicant submitted that as per the post mortem report as well as statement of doctor, who conducted the post mortem, the injuries found on the body of the deceased were simple in nature and death cannot be caused by these injuries and injuries appear to be caused 3 to 4 days prior from the date of post mortem. Therefore, the post mortem report itself disbelieves the story of first information report. It is further submitted that the post mortem report as well as viscera report does not disclose the cause of death. Actually the deceased died because of illness and false allegation has been made against the applicant. It is lastly submitted that the applicant is a lady and she is entitled to be released on bail in view of Section 480 BNSS. She has explained the criminal history of one case and she is languishing in jail since 05.11.2025. 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 A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts.

5. 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 keeping in view the nature of offence, evidence, complicity of accused and 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. Accordingly, the present application is allowed.

6. Let the applicant- Anju 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.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

9. Verification of mobile number as well as Aadhar Card of the applicant and sureties should also be conducted by the court concerned.

10. 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.

11. 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.

12. 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.

(Arun Kumar Singh Deshwal,J.)

May 6, 2026

A.Kr.