BAIL/15088/2026 of JADAWATI VISHVAKARMA Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15088 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Sri Ram Dulare Chauhan and Ms. Nainshi Srivastava, Advocates have filed vakalatnama on behalf of the informant. The same is taken on record. 2. Heard counsel for the applicant and Ms. Nainshi Srivastav, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party. Perused the material available on record. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 135 of 2026, under Sections 190, 191(2), 115(2), 352, 351(3), 105 B.N.S., Police Station- Kotwali Padrauna, District- Kushi Nagar, during the pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with five named accused is alleged to have assaulted the wife of the informant. The wife of the informant died on 07.03.2026. As per the post-mortem report, the deceased sustained three injuries i.e. (1) Contusion 19 cm x 6 cm, color bluish and vertically placed over left side abdomen, about 2 to 3 days old, (2) Contusion 17 cm x 7 cm, color bluish and vertically placed over front of abdomen, around the umblicus, about 2 to 3 days old, and (3) Contusion 19 cm x 9 cm, color bluish and vertically placed over right side abdomen, about 2 to 3 days old. In the opinion of the doctor, the cause of death is due to cardio pulmonary arrest and viscera was preserved and sent for forensic examination. Viscera report is not part of the case diary. It is contended that the medical evidence does not support the prosecution case. The deceased died a natural death, not on account of the Versus Counsel for Applicant(s) : Anurag Tripathi Counsel for Opposite Party(s) : G.A. Jadawati Vishvakarma .....Applicant(s) State of U.P. .....Opposite Party(s) injuries. A vague and general role has been assigned to the applicant. At this stage, there is no corroborative evidence to link the applicant with the offence. It is next contended that co-accused Nirmala Vishvakarma has been granted bail by this Court vide order dated 22.04.2026 passed in Criminal Misc. Bail Application No.13135 of 2026. Applicant claims parity. The applicant is a lady and is in jail since 09.03.2026 having no criminal antecedents and in case, she is enlarged on bail, she will not misuse the said liberty. 5. Learned AGA and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record this Court prima facie finds that a vague and general role has been assigned to the applicant. The medical evidence does not support the prosecution case. At this stage, there is no corroborative evidence to link the applicant with the offence. The co-accused Nirmala Vishvakarma has been granted bail by this Court. Further, the applicant is a lady and has no criminal antecedents. She has remained confined for more than one and half month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Jadawati Vishvakarma, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that she: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. May 5, 2026 Manish Kr BAIL No. 15088 of 2026 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad