Neelam Tiwari v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31665 of 2026

Court No. - 68 (Sr. No.13 out of 172 T.C.) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Mahendra Pratap Singh, learned counsel for the applicant, Sri Pradeep Mishra, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.146 of 2026, under Sections 103(1) BNS, Police Station Rampur, District Jaunpur, during the pendency of trial.

¶4As per the prosecution story, the applicant, along with two other accused persons, is stated to have assaulted and caused injuries to the brother of the informant on 19.07.2026 at about 7:30 p.m. He was rushed to the hospital and was subsequently declared dead.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The injuries sustained by the deceased were not visibly fatal, however, as per the doctor who conducted the autopsy, the cause of death was due to ante-mortem head and facial injuries. Learned counsel has placed much reliance on the post-mortem report, which indicates that muddy face and whole chest and abdomen were seen and the same indicates that the deceased, who was in an inebriated state, had fallen down and sustained Versus Counsel for Applicant(s) : Mahendra Pratap Singh, Raghvendra Tripathi, Rohit Singh Counsel for Opposite Party(s) : G.A. Neelam Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) injuries.

¶6Learned counsel for the applicant has further argued that the FIR was lodged after a delay of about five hours, for which no explanation has been furnished. Both the injuries were on the left side of the face and temporal region, which indicates the false implication of the applicant. The applicant has no criminal history and is in jail since 20.7.2026. She undertakes to cooperate with the trial and not misuse the liberty of bail.

¶7Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the applicant is named in the FIR and was involved in inflicting injuries upon the deceased.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Neelam Tiwari, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that she shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

¶10Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 9, 2026 Vikas Verma BAIL No. 31665 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad