High Court · 2025

1. Heard Sri Ajmal Khan, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 31.12.2024 in Case Crime No. 09 of 2023, u/s 302 IPC, P.S. Hathigawan, District Pratapgarh. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged.

3. Attention has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 6.12.2021 but the F.I.R. has been lodged on 24.1.2023 pursuant to the filing of an application u/s 156(3) Cr.P.C. Even at the time of filing of application the inordinate delay has not been explained. Further attention has been drawn towards Annexure no. 4 which is a hand-written application of the brother of the deceased addressing the Inspector, Incharge, P.S. Hathigawan, District Pratapgarh intimating that on 6.12.2021 his real brother (deceased) after taking meal felt severe stomach-ache, thereafter he was admitted in the hospital where he was declared dead.

4. Learned counsel has stated that in such application no allegation of any kind has been levelled against the applicant who is wife of the deceased. Her relation with her husband was so cordial and they were happily living together. From the aforesaid wedlock the applicant is having one son of three years who is also with her in the jail since her arrest. The recital to this effect has been given in para 16 of the bail application. Learned counsel has stated that since the prosecution story was prima- facie concocted, therefore, even after lodging of F.I.R. on 24.1.2023 the present applicant has not been arrested and she cooperated in the investigation but under the pressure of family members of the deceased and some villagers she has been arrested on 31.12.2024. The present applicant is herself a great sufferer inasmuch as she lost her husband and is in jail with her three year old son who is also suffering a lot in the jail as he is not being looked after properly in the jail. The applicant may be given the benefit of section 437 Cr.P.C. / 480 B.N.S.S. The applicant has no criminal history of any kind whatsoever. Charge-sheet has been filed in this case.

5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the application u/s 156(3) Cr.P.C. no allegation of any kind has been levelled against the applicant who is wife of the deceased, her relation with her husband was so cordial and they were happily living together, applicant is having one son of three years who is also with her in the jail since her arrest, even after lodging of F.I.R. on 24.1.2023 the present applicant has not been arrested as she cooperated in the investigation but under the pressure of family members of the deceased and some villagers she has been arrested on 31.12.2024, applicant is herself a great sufferer inasmuch as she lost her husband and is in jail with her three year old son who is also suffering a lot in the jail as he is not being looked after properly in the jail, applicant may be given the benefit of section 437 Cr.P.C. / 480 B.N.S.S, applicant has no criminal history of any kind whatsoever, charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

8. Bail application is allowed. 9. Let the applicant Kamila Yadav @ Parvati, involved in aforesaid case 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C.may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. . Order Date :- 22.7.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Ajmal Khan, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 31.12.2024 in Case Crime No. 09 of 2023, u/s 302 IPC, P.S. Hathigawan, District Pratapgarh. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged.

3. Attention has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 6.12.2021 but the F.I.R. has been lodged on 24.1.2023 pursuant to the filing of an application u/s 156(3) Cr.P.C. Even at the time of filing of application the inordinate delay has not been explained. Further attention has been drawn towards Annexure no. 4 which is a hand-written application of the brother of the deceased addressing the Inspector, Incharge, P.S. Hathigawan, District Pratapgarh intimating that on 6.12.2021 his real brother (deceased) after taking meal felt severe stomach-ache, thereafter he was admitted in the hospital where he was declared dead.

4. Learned counsel has stated that in such application no allegation of any kind has been levelled against the applicant who is wife of the deceased. Her relation with her husband was so cordial and they were happily living together. From the aforesaid wedlock the applicant is having one son of three years who is also with her in the jail since her arrest. The recital to this effect has been given in para 16 of the bail application. Learned counsel has stated that since the prosecution story was prima- facie concocted, therefore, even after lodging of F.I.R. on 24.1.2023 the present applicant has not been arrested and she cooperated in the investigation but under the pressure of family members of the deceased and some villagers she has been arrested on 31.12.2024. The present applicant is herself a great sufferer inasmuch as she lost her husband and is in jail with her three year old son who is also suffering a lot in the jail as he is not being looked after properly in the jail. The applicant may be given the benefit of section 437 Cr.P.C. / 480 B.N.S.S. The applicant has no criminal history of any kind whatsoever. Charge-sheet has been filed in this case.

5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the application u/s 156(3) Cr.P.C. no allegation of any kind has been levelled against the applicant who is wife of the deceased, her relation with her husband was so cordial and they were happily living together, applicant is having one son of three years who is also with her in the jail since her arrest, even after lodging of F.I.R. on 24.1.2023 the present applicant has not been arrested as she cooperated in the investigation but under the pressure of family members of the deceased and some villagers she has been arrested on 31.12.2024, applicant is herself a great sufferer inasmuch as she lost her husband and is in jail with her three year old son who is also suffering a lot in the jail as he is not being looked after properly in the jail, applicant may be given the benefit of section 437 Cr.P.C. / 480 B.N.S.S, applicant has no criminal history of any kind whatsoever, charge-sheet has been filed in this case and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

8. Bail application is allowed. 9. Let the applicant Kamila Yadav @ Parvati, involved in aforesaid case 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C.may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. . Order Date :- 22.7.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench