Smt Mithlesh And Another vs State Of U.P.

1. Heard Sri Shivajee Srivastava, learned counsel for the applicants and Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No.308 of 2025, under Sections-191(2), 115(2), 103(1) BNS, Police Station-Gangiri, District-Aligarh, during the pendency of the trial.

3. Contention of learned counsel for the applicants is that applicant no.1 is the wife and applicant no.2 is the brother-in-law of the deceased and there was a matrimonial dispute between applicant no.1 and the deceased. In the FIR, allegation has been made on the basis of apprehension that the applicant along with other family members have forcibly administered poisonous substance to the deceased and kept him in an unconscious state in the house of Shiv Dayal. Though, the first informant in his statement mentioned that there is audio, video clip of the deceased while he was taking to the hospital but there is no such video clip available in the case diary and there is no other incriminating material against the applicant. Even the statement of eye witness, Shiv Dayal where the deceased was lastly found in an unconscious state was not recorded. It is further submitted that applicants have been falsely implicated merely because applicant no.1 is having matrimonial dispute with the deceased. The correct fact is that the deceased himself consumed poisonous alcohol and after his death, false allegations have been made against the applicant and other co-accused persons. It is further submitted that even during investigation, the complainant had given an affidavit to the SP mentioning therein that he has incorrectly mentioned the name of the accused persons merely on the basis of doubt. It is further submitted that the co-accused Yashpal and Smt. Maya Devi, have already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.10562 of 2026 vide order dated 30.03.2026. Therefore, the applicants are also entitled to be released on bail on the ground of parity. It is further submitted that the applicants have no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicants are law abiding citizen and they are languishing in jail since 21.11.2025. In case, they are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Learned A.G.A. has vehemently 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 keeping in view the nature of offence, evidence, complicity of the 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.

6. Let the applicants- Smt. Mithlesh and Nawab, involved in the aforementioned crime be released on bail, on their 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 applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

ii. The applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment.

iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

iv. The applicants shall attend in accordance with the conditions of the bond executed by them.

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 applicants and sureties be verified by the court concerned before the bonds are accepted.

9. Verification of Aadhaar card as well as mobile number of the applicants and sureties should also be conducted by the court concerned.

10. It is made clear that the applicants 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.

11. 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 applicants.

12. Office is directed to send a copy of this order to the applicants through Aligarh 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

S.C.