Urmila vs State Of U.P. Thru. Prin. Secy. Home Lko.
- Neutral2026:AHC-LKO:32714
Ratio decidendi
The rule this decision rests on
Where an accused person has been in custody for a substantial period, there is no apparent risk of flight or tampering with witnesses, the dispute prima facie appears to be civil in nature rather than criminal, and delay exists in lodging the first information report, bail should be granted on the basis of personal bond and sureties, subject to conditions the trial court deems fit.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is first bail application filed on behalf of the applicant who is involved in Case Crime No. 587 of 2025, under Sections 318(4), 338, 336(3), 340(2) B.N.S., Police Station P.G.I., District Lucknow.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. The applicant is herself a victim of the offence committed by the land grabbers. There is delay of 11 months in lodging the first information report which has not been explained by the prosecution. The applicant is only a marginal witness. It is further submitted that the applicant did not receive even a single rupee. Moreover, the dispute is purely of civil nature.
The applicant is in jail since 17.3.2026. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. He submits that by manipulating the boundaries of the co-tenure holders, sale deed of the informant's land has been executed on the basis of forged documents and the applicant is the beneficiary of the offence.
Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is in jail since 17.3.2026; delay in lodging the first information report, the dispute, prima facie, appears to be of civil nature, and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant Urmila, involved in the aforesaid case crime number be released on bail in the aforementioned 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, either personally or through his counsel.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
(Rajeev Bharti,J.)
May 6, 2026
kkb/
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