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HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 14105 of 2026

Lalti Devi

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s) : Ashish Pandey

Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Ashish Pandey, learned counsel for the applicant, Sri

Roshan Kumar Singh, 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 applicant on bail in Case Crime No.19 of 2020, under Section-302

IPC, 1860, Police Station-Phoolpur, District-Prayagraj, during the

pendency of the trial.

3. Contention of learned counsel for the applicant is that FIR was

lodged by the husband of the applicant with the allegation that in his

absence, the applicant has strangulated his five year old daughter

born out of the earlier wife of the first informant. It is further submitted

that there is no eye witness of the incident in question and several

other persons have also been residing in the house, therefore, there

is no incriminating material against the applicant except her

confession to the first informant. It is further submitted that applicant

is in jail for more than six years and out of 14 witnesses, till date only

6 witnesses have been examined before the trial court. Therefore,

there is bleak probability of conclusion of trial in near future. He has

also relied upon the latest judgement of the Apex Court in the case of

Sahil Manoj Machare Vs. State of Maharashtra in SLP (Crl.)

No.7502 of 2026 wherein the Apex Court has observed that even if

the charges are serious if the trial is delayed then the right of speedy

trial is infringed. It is further submitted that the applicant has no

criminal history and being a lady, she is entitled to be released on bail

in view of Section 480 BNSS. The applicant is a law abiding citizen

and she is languishing in jail since 15.01.2020. In case, she is

BAIL No. 14105 of 2026

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granted bail, she will not misuse the liberty of bail and would

cooperate in the trial proceedings.

4. Per contra, 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 taking into

account the fact that applicant is a lady and also keeping in view the

nature of offence, evidence, complicity of the accused and also 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 applicant- Lalti Devi, 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 him 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 her.

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