Smt. Prema Devi vs State Of U.P. Thru. Addl. Chief Secy. ...
- Neutral2026:AHC-LKO:32641
Ratio decidendi
The rule this decision rests on
Where an applicant with no prior criminal history has been in custody for an extended period (here, nearly three years since June 2023), and co-accused persons in the same case have been granted bail by a co-ordinate bench, the applicant makes out a case for release on bail even where a previous bail application in the same matter has been rejected, provided the circumstances have materially changed or additional facts now warrant reconsideration.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Sri Mohammad Ashraf, learned counsel for the applicant, Sri Mohd. Asif Khan, learned Additional Government Advocate-I for the State and perused the records. Supplementary affidavit filed today in court is taken on record.
2. This is the second application seeking release of the applicant on bail in Case Crime No.154 of 2023, under Sections 302, 201, 34 I.P.C., registered at Police Station Jamo, District Amethi. The first bail application has been rejected by this court by means of an order dated 18.04.2025, passed in Criminal Misc. Bail Application No.10501 of 2024.
3. A co-accused Dayaram Yadav has already been granted bail by a coordinate Bench of this court by means of an order dated 03.11.2025, passed in Criminal Misc. Bail Application No.14950 of 2023. Yet another co-accused person Smt. Renu Prajapati, who is daughter of the applicant has been enlarged on bail by a coordinate Bench of this court by means of an order dated 01.12.2025, passed in Criminal Misc. Bail Application No.11804 of 2025.
4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, she has been falsely implicated in the present case and she has no criminal history.
5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no previous criminal history and she is languishing in jail since 14.06.2023 and co-accused persons Dayaram Yadav and Smt. Renu Prajapati have already been granted bail by a coordinate Bench of this court, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
7. Accordingly, this bail application stands allowed.
8. Let the applicant-Smt. Prema Devi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.
(Subhash Vidyarthi,J.)
May 6, 2026
Ram.
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